Kreisler v. New York City Transit Authority

New York Court of Appeals

Kreisler v. New York City Transit Authority

812 N.E.2d 1250, 2 N.Y. 775, 2 N.Y.3d 775, 780 N.Y.S.2d 302, 2004 N.Y. LEXIS 984

CourtNew York Court of Appeals

DecidedMay 6, 2004

StatusPublished

Cited by68 cases

This text of 812 N.E.2d 1250 (Kreisler v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kreisler v. New York City Transit Authority, 812 N.E.2d 1250, 2 N.Y. 775, 2 N.Y.3d 775, 780 N.Y.S.2d 302, 2004 N.Y. LEXIS 984 (N.Y. 2004).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

An administrative penalty must be upheld unless it “is so disproportionate to the offense . . . as to be shocking to one’s sense of fairness,” thus constituting an abuse of discretion as a matter of law (Matter of Pell v Board of Educ., 34 NY2d 222, 237 [1974] [internal quotation marks omitted]). Under the circumstances of this case, it cannot be concluded, as a matter of law, that the penalty of demotion shocks the judicial conscience. Petitioner’s remaining contentions lack merit.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

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