Orisino v. Brown

Appellate Division of the Supreme Court of New York

Orisino v. Brown

198 A.D.2d 89, 605 N.Y.S.2d 839

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

DecidedNovember 16, 1993

StatusPublished

This text of 198 A.D.2d 89 (Orisino v. Brown) 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

Orisino v. Brown, 198 A.D.2d 89, 605 N.Y.S.2d 839 (N.Y. Ct. App. 1993).

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Opinion

—Determination by respondent Commissioner dated March 4, 1992, which, after hearing, dismissed petitioner from the New York City Police Department upon the finding that he violated certain departmental rules and regulations, 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 [Ira Gammerman, J.], entered on or about May 14, 1992), unanimously dismissed, without costs.

There is substantial evidence to support respondent’s determination. The penalty of dismissal was not inappropriate considering the misconduct (see, Matter of Pell v Board of Educ., 34 NY2d 222). Concur — Murphy, P. J., Wallach, Kupferman and Asch, JJ.

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—Determination by respondent Commissioner dated March 4, 1992, which, after hearing, dismissed petitioner from the New York City Police Department upon the finding that he violated certain departmental rules and regulations, 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 [Ira Gammerman, J.], entered on or about May 14, 1992), unanimously dismissed, without costs.

There is substantial evidence to support respondent’s determination. The penalty of dismissal was not inappropriate considering the misconduct (see, Matter of Pell v Board of Educ., 34 NY2d 222). Concur — Murphy, P. J., Wallach, Kupferman and Asch, JJ.

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Bluebook (online)

198 A.D.2d 89, 605 N.Y.S.2d 839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orisino-v-brown-nyappdiv-1993.