Roberts v. Farbstein

Appellate Division of the Supreme Court of New York

Roberts v. Farbstein

74 A.D.2d 874, 426 N.Y.S.2d 1001, 1980 N.Y. App. Div. LEXIS 10658

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

DecidedMarch 17, 1980

StatusPublished

This text of 74 A.D.2d 874 (Roberts v. Farbstein) 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

Roberts v. Farbstein, 74 A.D.2d 874, 426 N.Y.S.2d 1001, 1980 N.Y. App. Div. LEXIS 10658 (N.Y. Ct. App. 1980).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent dated August 18, 1977 and made after a hearing, which found petitioner guilty of certain charges and dismissed him from his civil service position. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The charges were timely brought, and the respondent’s determination is supported by substantial evidence. The punishment imposed was not so disproportionate to the offenses as to be [875]*875shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Damiani, J. P., Gulotta, Margett and Weinstein, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent dated August 18, 1977 and made after a hearing, which found petitioner guilty of certain charges and dismissed him from his civil service position. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The charges were timely brought, and the respondent’s determination is supported by substantial evidence. The punishment imposed was not so disproportionate to the offenses as to be [875]*875shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Damiani, J. P., Gulotta, Margett and Weinstein, JJ., concur.

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Bluebook (online)

74 A.D.2d 874, 426 N.Y.S.2d 1001, 1980 N.Y. App. Div. LEXIS 10658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-farbstein-nyappdiv-1980.