Kerins v. City of Niagara Falls

Appellate Division of the Supreme Court of New York

Kerins v. City of Niagara Falls

167 A.D.2d 846, 561 N.Y.S.2d 953, 1990 N.Y. App. Div. LEXIS 14388

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

DecidedNovember 16, 1990

StatusPublished

Cited by2 cases

This text of 167 A.D.2d 846 (Kerins v. City of Niagara Falls) 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

Kerins v. City of Niagara Falls, 167 A.D.2d 846, 561 N.Y.S.2d 953, 1990 N.Y. App. Div. LEXIS 14388 (N.Y. Ct. App. 1990).

Pincite

Opinion

Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent City Administrator for imposition of an appropriate sanction, in accordance with the following memorandum: Petitioner was terminated as a police lieutenant for using his influence to gain entrance to a tavern after legal closing hours for the purpose of obtaining alcoholic beverages. Although we conclude that there was substantial evidence to support the finding of misconduct, we deem the penalty imposed disproportionate to the offense (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233-234). Therefore, we remit the matter to respondent City Administrator to impose an appropriate sanction.

Petitioner’s remaining contentions lack merit. (Article 78 proceeding transferred by order of Supreme Court, Niagara County, Fallon, J.) Present—Dillon, P. J., Callahan, Boomer, Green and Balio, JJ.

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

Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent City Administrator for imposition of an appropriate sanction, in accordance with the following memorandum: Petitioner was terminated as a police lieutenant for using his influence to gain entrance to a tavern after legal closing hours for the purpose of obtaining alcoholic beverages. Although we conclude that there was substantial evidence to support the finding of misconduct, we deem the penalty imposed disproportionate to the offense (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233-234). Therefore, we remit the matter to respondent City Administrator to impose an appropriate sanction.

Petitioner’s remaining contentions lack merit. (Article 78 proceeding transferred by order of Supreme Court, Niagara County, Fallon, J.) Present—Dillon, P. J., Callahan, Boomer, Green and Balio, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

167 A.D.2d 846, 561 N.Y.S.2d 953, 1990 N.Y. App. Div. LEXIS 14388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerins-v-city-of-niagara-falls-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack