Mitthauer v. Patterson

Appellate Division of the Supreme Court of New York

Mitthauer v. Patterson

8 A.D.2d 953, 190 N.Y.S.2d 431, 1959 N.Y. App. Div. LEXIS 7545

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

DecidedJuly 14, 1959

StatusPublished

This text of 8 A.D.2d 953 (Mitthauer v. Patterson) 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

Mitthauer v. Patterson, 8 A.D.2d 953, 190 N.Y.S.2d 431, 1959 N.Y. App. Div. LEXIS 7545 (N.Y. Ct. App. 1959).

Pincite

Opinion

Proceeding to review a determination of the New York City Transit Authority dismissing the petitioner from her position as railroad clerk transferred to this court for disposition (Civ. Prac. Act, § 1296). Determination modified by reducing the punishment imposed from dismissal to suspension for a period of six months commencing from the close of business on November 13, 1958. As so modified, determination confirmed, without costs. The Authority’s determination finding petitioner guilty of the charge herein is supported by substantial evidence. However, under all the circumstances the punishment imposed was excessive (Civ. Prac. Act, § 1296, subd. 5-a). Murphy, Ughetta and Kleinfeld, JJ., concur; Wenzel, Acting P. J., and Beldoek, J., dissent and vote to confirm without modification.

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Proceeding to review a determination of the New York City Transit Authority dismissing the petitioner from her position as railroad clerk transferred to this court for disposition (Civ. Prac. Act, § 1296). Determination modified by reducing the punishment imposed from dismissal to suspension for a period of six months commencing from the close of business on November 13, 1958. As so modified, determination confirmed, without costs. The Authority’s determination finding petitioner guilty of the charge herein is supported by substantial evidence. However, under all the circumstances the punishment imposed was excessive (Civ. Prac. Act, § 1296, subd. 5-a). Murphy, Ughetta and Kleinfeld, JJ., concur; Wenzel, Acting P. J., and Beldoek, J., dissent and vote to confirm without modification.

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Bluebook (online)

8 A.D.2d 953, 190 N.Y.S.2d 431, 1959 N.Y. App. Div. LEXIS 7545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitthauer-v-patterson-nyappdiv-1959.