Mastrosimone v. Frank

Appellate Division of the Supreme Court of New York

Mastrosimone v. Frank

51 A.D.2d 727, 378 N.Y.S.2d 785, 1976 N.Y. App. Div. LEXIS 11209

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

DecidedFebruary 2, 1976

StatusPublished

Cited by3 cases

This text of 51 A.D.2d 727 (Mastrosimone v. Frank) 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

Mastrosimone v. Frank, 51 A.D.2d 727, 378 N.Y.S.2d 785, 1976 N.Y. App. Div. LEXIS 11209 (N.Y. Ct. App. 1976).

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Opinion

Proceeding pursuant to CPLR article 78 to review respondent’s determination dated, May 8, 1975, which, after a hearing, dismissed the petitioner from his position in the Nassau County Police Department. Petition dismissed, without costs or disbursements. Petitioner commenced this proceeding more than 50 days following the service upon him of the determination sought to be reviewed. Subdivision d of section 8-13.0 of the Nassau County Administrative Code (L 1939, ch 272, § 1, as amd by L 1948, ch 436 § 1) provides that proceedings to review disciplinary proceedings against Nassau County policemen must be commenced within 30 days of the service upon the petitioner of the determination sought to be reviewed. Accordingly, this proceeding is time-barred. We note, however, that we have reviewed the record and the issues raised by the petitioner, and that, were those issues properly before us, we would deny the relief sought, confirm the determination under review and dismiss the petition on the merits. There is, in the record, substantial evidence to support the respondent’s determination; the petitioner was accorded all procedural safeguards to which he was entitled. Martuscello, Acting P. J., Cohalan, Margett, Damiani and Rabin, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review respondent’s determination dated, May 8, 1975, which, after a hearing, dismissed the petitioner from his position in the Nassau County Police Department. Petition dismissed, without costs or disbursements. Petitioner commenced this proceeding more than 50 days following the service upon him of the determination sought to be reviewed. Subdivision d of section 8-13.0 of the Nassau County Administrative Code (L 1939, ch 272, § 1, as amd by L 1948, ch 436 § 1) provides that proceedings to review disciplinary proceedings against Nassau County policemen must be commenced within 30 days of the service upon the petitioner of the determination sought to be reviewed. Accordingly, this proceeding is time-barred. We note, however, that we have reviewed the record and the issues raised by the petitioner, and that, were those issues properly before us, we would deny the relief sought, confirm the determination under review and dismiss the petition on the merits. There is, in the record, substantial evidence to support the respondent’s determination; the petitioner was accorded all procedural safeguards to which he was entitled. Martuscello, Acting P. J., Cohalan, Margett, Damiani and Rabin, JJ., concur.

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Bluebook (online)

51 A.D.2d 727, 378 N.Y.S.2d 785, 1976 N.Y. App. Div. LEXIS 11209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mastrosimone-v-frank-nyappdiv-1976.

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