Lorenzo v. Codd

61 A.D.2d 918, 402 N.Y.S.2d 1010, 1978 N.Y. App. Div. LEXIS 10509

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 16, 1978
• Status: Published

Opinion

Judgment, Supreme Court, New York County, entered June 8, 1977, granting the petition in this article 78 proceeding to the extent of reducing the penalty to a 15-day suspension, unanimously reversed, on the law, without costs or disbursements, vacated, and the determination of respondent police commissioner dated October 30, 1975 confirmed in its entirety. The punishment imposed was not so disproportionate to the offense to shock one’s sense of fairness so as to warrant adjustment by the court of the agency’s sanction. (See Matter of Pell v Board of Educ., 34 NY2d 222; Matter of Marksamer v Guggenheimer; 43 NY2d 857.) Concur—Murphy, P. J., Lupiano, Silverman, Markewich and Sandler, JJ.