John v. New York City Police Department

Appellate Division of the Supreme Court of New York

John v. New York City Police Department

78 A.D.2d 692, 434 N.Y.S.2d 661, 1980 N.Y. App. Div. LEXIS 13210

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

DecidedOctober 27, 1980

StatusPublished

This text of 78 A.D.2d 692 (John v. New York City Police Department) 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.

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John v. New York City Police Department, 78 A.D.2d 692, 434 N.Y.S.2d 661, 1980 N.Y. App. Div. LEXIS 13210 (N.Y. Ct. App. 1980).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of respondent,, dated May 24, 1979 which, after a hearing, found petitioner guilty of certain misconduct and terminated his employment. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. On the record before us we hold that there was substantial evidence to support the finding that petitioner was guilty of the charges preferred against him (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Furthermore, the penalty imposed was not so disproportionate to the offenses, in light of all the circumstances, as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). As such, we confirm the action taken by the respondent police department. Hopkins, J. P., Rabin, Margett and O’Connor, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of respondent,, dated May 24, 1979 which, after a hearing, found petitioner guilty of certain misconduct and terminated his employment. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. On the record before us we hold that there was substantial evidence to support the finding that petitioner was guilty of the charges preferred against him (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Furthermore, the penalty imposed was not so disproportionate to the offenses, in light of all the circumstances, as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). As such, we confirm the action taken by the respondent police department. Hopkins, J. P., Rabin, Margett and O’Connor, JJ., concur.

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78 A.D.2d 692, 434 N.Y.S.2d 661, 1980 N.Y. App. Div. LEXIS 13210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-v-new-york-city-police-department-nyappdiv-1980.

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