In re Beisgen

Appellate Division of the Supreme Court of New York

In re Beisgen

272 A.D.2d 322, 714 N.Y.S.2d 677, 2000 N.Y. App. Div. LEXIS 4839

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

DecidedMay 1, 2000

StatusPublished

Cited by1 cases

This text of 272 A.D.2d 322 (In re Beisgen) 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

In re Beisgen, 272 A.D.2d 322, 714 N.Y.S.2d 677, 2000 N.Y. App. Div. LEXIS 4839 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Town Board of the Town of Orangetown, dated November 23, 1998, which, after a hearing, found the petitioner guilty of misconduct, incompetence, moral turpitude, and insubordination, and terminated his employment.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The Hearing Officer’s determination that the petitioner was guilty of the charged acts was supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Ahsaf v Nyquist, 37 NY2d 182). The penalty imposed, moreover, was not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222).

[323]*323The petitioner’s remaining contentions are without merit. Ritter, J. P., Joy, S. Miller and H. Miller, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Town Board of the Town of Orangetown, dated November 23, 1998, which, after a hearing, found the petitioner guilty of misconduct, incompetence, moral turpitude, and insubordination, and terminated his employment.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The Hearing Officer’s determination that the petitioner was guilty of the charged acts was supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Ahsaf v Nyquist, 37 NY2d 182). The penalty imposed, moreover, was not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222).

[323]*323The petitioner’s remaining contentions are without merit. Ritter, J. P., Joy, S. Miller and H. Miller, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

272 A.D.2d 322, 714 N.Y.S.2d 677, 2000 N.Y. App. Div. LEXIS 4839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-beisgen-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack