Mancuso v. Weinstein

Appellate Division of the Supreme Court of New York

Mancuso v. Weinstein

84 A.D.2d 788, 449 N.Y.S.2d 437, 1981 N.Y. App. Div. LEXIS 15981

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

DecidedNovember 16, 1981

StatusPublished

This text of 84 A.D.2d 788 (Mancuso v. Weinstein) 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

Mancuso v. Weinstein, 84 A.D.2d 788, 449 N.Y.S.2d 437, 1981 N.Y. App. Div. LEXIS 15981 (N.Y. Ct. App. 1981).

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Opinion

Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent Commissioner of the Westchester County Medical Center, dated October 11, 1979, as, after a hearing, found petitioner [789]*789guilty of certain misconduct and, inter alia, suspended him without pay for a period of 30 days and relieved him from his position of acting “Supervisor of the Operating Room”. Determination confirmed insofar as reviewed and proceeding dismissed on the merits, without costs or disbursements. The determination is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). In addition, 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). Hopkins, J. P., Damiani, Titone and Rabin, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent Commissioner of the Westchester County Medical Center, dated October 11, 1979, as, after a hearing, found petitioner [789]*789guilty of certain misconduct and, inter alia, suspended him without pay for a period of 30 days and relieved him from his position of acting “Supervisor of the Operating Room”. Determination confirmed insofar as reviewed and proceeding dismissed on the merits, without costs or disbursements. The determination is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). In addition, 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). Hopkins, J. P., Damiani, Titone and Rabin, JJ., concur.

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Bluebook (online)

84 A.D.2d 788, 449 N.Y.S.2d 437, 1981 N.Y. App. Div. LEXIS 15981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mancuso-v-weinstein-nyappdiv-1981.

Opinion

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