Rode v. Henningson

Appellate Division of the Supreme Court of New York

Rode v. Henningson

37 A.D.2d 687

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

DecidedJune 30, 1971

StatusPublished

This text of 37 A.D.2d 687 (Rode v. Henningson) 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

Rode v. Henningson, 37 A.D.2d 687 (N.Y. Ct. App. 1971).

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Opinion

Determination unanimously modified on the law and facts by annulling the dismissal of Dominic J. Fioretti from employment and substituting therefor a provision that he be suspended for six months without pay, and as so modified, confirmed, without coste. Memorandum: The record 'discloses substantial evidence upon which the Authority could properly conclude that these employees violated a valid order made by the employer. However, under the circumstances the punishment imposed upon petitioner Dominie J. Fioretti was excessive and disproportionate to the offense. In the exercise of the power vested in this court (see Matter of Mitthauer v. Patterson, 8 N Y 2d 37) we conclude that a suspension for six months without pay is more appropriate and reduce the punishment .accordingly. (Review of determination disciplining petitioners, transferred by order of Erie Special Term.) Present—Del Yeeehio, J. P., Gabrielli, Moule, Cardamone and Henry, JJ.

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Determination unanimously modified on the law and facts by annulling the dismissal of Dominic J. Fioretti from employment and substituting therefor a provision that he be suspended for six months without pay, and as so modified, confirmed, without coste. Memorandum: The record 'discloses substantial evidence upon which the Authority could properly conclude that these employees violated a valid order made by the employer. However, under the circumstances the punishment imposed upon petitioner Dominie J. Fioretti was excessive and disproportionate to the offense. In the exercise of the power vested in this court (see Matter of Mitthauer v. Patterson, 8 N Y 2d 37) we conclude that a suspension for six months without pay is more appropriate and reduce the punishment .accordingly. (Review of determination disciplining petitioners, transferred by order of Erie Special Term.) Present—Del Yeeehio, J. P., Gabrielli, Moule, Cardamone and Henry, JJ.

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Bluebook (online)

37 A.D.2d 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rode-v-henningson-nyappdiv-1971.