Handel v. Gabel

Appellate Division of the Supreme Court of New York

Handel v. Gabel

22 A.D.2d 654, 253 N.Y.S.2d 53, 1964 N.Y. App. Div. LEXIS 3103

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 13, 1964

StatusPublished

This text of 22 A.D.2d 654 (Handel v. Gabel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Handel v. Gabel, 22 A.D.2d 654, 253 N.Y.S.2d 53, 1964 N.Y. App. Div. LEXIS 3103 (N.Y. Ct. App. 1964).

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Opinion

The sanction of dismissal to which petitioner was subjected is unanimously annulled, on the law and in the exercise of discretion, and in lieu thereof suspension for 60 days is imposed upon him, without costs. The record shows that, although petitioner had been in public service for many years and had served creditably, [655]*655he performed his duties in question incompetently and negligently. No willfulness or corruption is shown, and upon the argument respondent’s counsel acknowledged that there was none in the case. The determination of respondent is otherwise confirmed. Concur — Breitel, J. P., Valente, McNally, Steuer and Witmer, JJ.

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The sanction of dismissal to which petitioner was subjected is unanimously annulled, on the law and in the exercise of discretion, and in lieu thereof suspension for 60 days is imposed upon him, without costs. The record shows that, although petitioner had been in public service for many years and had served creditably, [655]*655he performed his duties in question incompetently and negligently. No willfulness or corruption is shown, and upon the argument respondent’s counsel acknowledged that there was none in the case. The determination of respondent is otherwise confirmed. Concur — Breitel, J. P., Valente, McNally, Steuer and Witmer, JJ.

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Bluebook (online)

22 A.D.2d 654, 253 N.Y.S.2d 53, 1964 N.Y. App. Div. LEXIS 3103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/handel-v-gabel-nyappdiv-1964.