McFarland v. Abate

Appellate Division of the Supreme Court of New York

McFarland v. Abate

203 A.D.2d 190, 611 N.Y.S.2d 153

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

DecidedApril 26, 1994

StatusPublished

Cited by6 cases

This text of 203 A.D.2d 190 (McFarland v. Abate) 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

McFarland v. Abate, 203 A.D.2d 190, 611 N.Y.S.2d 153 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Determination of respondent Correction Commissioner of the City of New York dated October 20, 1992, dismissing petitioner from his position as a correction officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Carmen Beauchamp Ciparick, J.], entered on or about March 5, 1993) is dismissed, without costs or disbursements.

Respondent’s determination that petitioner, inter alia, engaged in gambling activities and undue familiarity with an inmate under his supervision is supported by substantial evidence, and the penalty of dismissal is 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, 233; cf., Trotta v Ward, 77 NY2d 827). There is no merit to petitioner’s claim that some of the charges made against him were barred by the 18-month Statute of Limitations set forth in Civil Service Law §75 (4). The misconduct charged against petitioner constituted the crime of official misconduct (Penal Law § 195.00 [2]), and as such, is expressly excluded from the statute. Concur — Ellerin, J. P., Wallach, Kupferman, Rubin and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Determination of respondent Correction Commissioner of the City of New York dated October 20, 1992, dismissing petitioner from his position as a correction officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Carmen Beauchamp Ciparick, J.], entered on or about March 5, 1993) is dismissed, without costs or disbursements.

Respondent’s determination that petitioner, inter alia, engaged in gambling activities and undue familiarity with an inmate under his supervision is supported by substantial evidence, and the penalty of dismissal is 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, 233; cf., Trotta v Ward, 77 NY2d 827). There is no merit to petitioner’s claim that some of the charges made against him were barred by the 18-month Statute of Limitations set forth in Civil Service Law §75 (4). The misconduct charged against petitioner constituted the crime of official misconduct (Penal Law § 195.00 [2]), and as such, is expressly excluded from the statute. Concur — Ellerin, J. P., Wallach, Kupferman, Rubin and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

203 A.D.2d 190, 611 N.Y.S.2d 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfarland-v-abate-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack