Osborne v. Nells

Appellate Division of the Supreme Court of New York

Osborne v. Nells

115 A.D.2d 242, 496 N.Y.S.2d 122, 1985 N.Y. App. Div. LEXIS 54490

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

DecidedNovember 15, 1985

StatusPublished

This text of 115 A.D.2d 242 (Osborne v. Nells) 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

Osborne v. Nells, 115 A.D.2d 242, 496 N.Y.S.2d 122, 1985 N.Y. App. Div. LEXIS 54490 (N.Y. Ct. App. 1985).

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Opinion

Determination unanimously confirmed and petition dismissed, [243]*243without costs. Memorandum: In this CPLR article 78 proceeding, petitioner seeks to annul a determination of the Oswego County Probation Department demoting her from her position as senior probation officer. The findings of fact set forth by the hearing officer and adopted by the Chairman of the Oswego County Legislature were sufficient to permit adequate and intelligent judicial review (see, Matter of Simpson v Wolansky, 38 NY2d 391; Matter of Baker v Town of Mt. Pleasant, 92 AD2d 611). In addition, the determination finding petitioner guilty of seven charges of misconduct and incompetence was supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). We also find that the penalty imposed was not " ' "so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness” ’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233; Matter of Doino v Laehy, 100 AD2d 744, affd 63 NY2d 663). (Article 78 proceeding transferred by order of Supreme Court, Oswego County, Sullivan, J.) Present—Hancock, Jr., J. P., Doerr, Green, O’Donnell and Schnepp, JJ.

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Determination unanimously confirmed and petition dismissed, [243]*243without costs. Memorandum: In this CPLR article 78 proceeding, petitioner seeks to annul a determination of the Oswego County Probation Department demoting her from her position as senior probation officer. The findings of fact set forth by the hearing officer and adopted by the Chairman of the Oswego County Legislature were sufficient to permit adequate and intelligent judicial review (see, Matter of Simpson v Wolansky, 38 NY2d 391; Matter of Baker v Town of Mt. Pleasant, 92 AD2d 611). In addition, the determination finding petitioner guilty of seven charges of misconduct and incompetence was supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). We also find that the penalty imposed was not " ' "so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness” ’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233; Matter of Doino v Laehy, 100 AD2d 744, affd 63 NY2d 663). (Article 78 proceeding transferred by order of Supreme Court, Oswego County, Sullivan, J.) Present—Hancock, Jr., J. P., Doerr, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

115 A.D.2d 242, 496 N.Y.S.2d 122, 1985 N.Y. App. Div. LEXIS 54490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osborne-v-nells-nyappdiv-1985.

Opinion

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