Johnson v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Johnson v. New York City Transit Authority

97 A.D.2d 436, 467 N.Y.S.2d 823, 1983 N.Y. App. Div. LEXIS 20021

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

DecidedOctober 11, 1983

StatusPublished

This text of 97 A.D.2d 436 (Johnson v. New York City Transit Authority) 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

Johnson v. New York City Transit Authority, 97 A.D.2d 436, 467 N.Y.S.2d 823, 1983 N.Y. App. Div. LEXIS 20021 (N.Y. Ct. App. 1983).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of respondent dated October 13, 1982, which dismissed petitioner from his position of car cleaner. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The respondent’s determination that petitioner was guilty of misconduct and incompetence is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Considering petitioner’s past disciplinary record, the penalty imposed was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). We find no merit in petitioner’s other argument. Damiani, J. P., Lazer, Gulotta and Bracken, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of respondent dated October 13, 1982, which dismissed petitioner from his position of car cleaner. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The respondent’s determination that petitioner was guilty of misconduct and incompetence is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Considering petitioner’s past disciplinary record, the penalty imposed was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). We find no merit in petitioner’s other argument. Damiani, J. P., Lazer, Gulotta and Bracken, JJ., concur.

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Bluebook (online)

97 A.D.2d 436, 467 N.Y.S.2d 823, 1983 N.Y. App. Div. LEXIS 20021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-new-york-city-transit-authority-nyappdiv-1983.

Opinion

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