Page v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Page v. New York City Transit Authority

39 A.D.2d 945, 333 N.Y.S.2d 1000, 1972 N.Y. App. Div. LEXIS 4360

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

DecidedJune 12, 1972

StatusPublished

This text of 39 A.D.2d 945 (Page v. New York City Transit Authority) 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

Page v. New York City Transit Authority, 39 A.D.2d 945, 333 N.Y.S.2d 1000, 1972 N.Y. App. Div. LEXIS 4360 (N.Y. Ct. App. 1972).

Pincite

Opinion

Proceeding pursuant to article 78 of the CPLR to review a determination of the respondent New York City Transit Authority, dated August 11, 1971, which, after a hearing, sustained charges of misconduct against petitioner, a motorman in the Authority’s employ, and demoted him to the position of conductor, first position. Petition granted; determination annulled, on the law; charges dismissed; and respondents directed to restore petitioner to his former position of motorman, retroactively to the effective date of his demotion, with hack pay for the salary lost during the period of demotion, with costs of the proceeding to petitioner against the respondent New York City Transit Authority. In our opinion, the determination of the Authority is not supported by substantial evidence. Munder, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Proceeding pursuant to article 78 of the CPLR to review a determination of the respondent New York City Transit Authority, dated August 11, 1971, which, after a hearing, sustained charges of misconduct against petitioner, a motorman in the Authority’s employ, and demoted him to the position of conductor, first position. Petition granted; determination annulled, on the law; charges dismissed; and respondents directed to restore petitioner to his former position of motorman, retroactively to the effective date of his demotion, with hack pay for the salary lost during the period of demotion, with costs of the proceeding to petitioner against the respondent New York City Transit Authority. In our opinion, the determination of the Authority is not supported by substantial evidence. Munder, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

39 A.D.2d 945, 333 N.Y.S.2d 1000, 1972 N.Y. App. Div. LEXIS 4360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/page-v-new-york-city-transit-authority-nyappdiv-1972.