Palazzo v. Kirby

Appellate Division of the Supreme Court of New York

Palazzo v. Kirby

103 A.D.2d 846, 478 N.Y.S.2d 813, 1984 N.Y. App. Div. LEXIS 19495

Appellate Division of the Supreme Court of the State of New York·Decided July 30, 1984·Published

Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Social Services, County of Suffolk, dated April 8, 1983, which, after a hearing, found petitioner guilty of [847]*847misconduct and dismissed him from his employment. H Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. HThe finding that petitioner was guilty of misconduct is amply supported by substantial evidence, and the penalty imposed is not so disproportionate to the offense as to warrant modification (Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J. P., Mangano, O’Connor and Brown, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Social Services, County of Suffolk, dated April 8, 1983, which, after a hearing, found petitioner guilty of [847]*847misconduct and dismissed him from his employment. H Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. HThe finding that petitioner was guilty of misconduct is amply supported by substantial evidence, and the penalty imposed is not so disproportionate to the offense as to warrant modification (Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J. P., Mangano, O’Connor and Brown, JJ., concur.

Palazzo v. Kirby, 103 A.D.2d 846, 478 N.Y.S.2d 813, 1984 N.Y. App. Div. LEXIS 19495 (N.Y. Ct. App. 1984).

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103 A.D.2d 846 (Palazzo v. Kirby) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.