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Matter of Santarella v. New York City Dep't of Corr.

424 N.E.2d 278, 53 N.Y.2d 948, 441 N.Y.S.2d 444, 1981 N.Y. LEXIS 2500
CourtNew York Court of Appeals
DecidedJune 2, 1981
StatusPublished
Cited by18 cases

This text of 424 N.E.2d 278 (Matter of Santarella v. New York City Dep't of Corr.) 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.

Bluebook
Matter of Santarella v. New York City Dep't of Corr., 424 N.E.2d 278, 53 N.Y.2d 948, 441 N.Y.S.2d 444, 1981 N.Y. LEXIS 2500 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the determination of the Commissioner of Correction reinstated.

In view of the consistent pattern of misconduct as found by the hearing officer and confirmed by the Commissioner of Correction, we cannot say that the penalty of dismissal is so disproportionate to petitioner’s offenses as to mandate modification. (Matter of Pell v Board of Educ., 34 NY2d 222, 233.) It is irrelevant that the necessary aims of discipline in the department could have been achieved by a less severe sanction.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order reversed, etc.

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Bluebook (online)
424 N.E.2d 278, 53 N.Y.2d 948, 441 N.Y.S.2d 444, 1981 N.Y. LEXIS 2500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-santarella-v-new-york-city-dept-of-corr-ny-1981.