Ruggio v. Hammill

Appellate Division of the Supreme Court of New York

Ruggio v. Hammill

207 A.D.2d 991, 616 N.Y.S.2d 842, 1994 N.Y. App. Div. LEXIS 10207

Appellate Division of the Supreme Court of the State of New York·Decided September 30, 1994·Published·Cited by 4 cases

Opinion

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: We conclude that respondents’ determination is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444; 300 Gramatan Ave. Assocs. v State Div. of [992] Human Rights, 45 NY2d 176, 179-180; Matter of Rine v City of Sherrill, 195 AD2d 961, lv denied 82 NY2d 660; Matter of Perry v Municipal Civ. Serv. Commn., 191 AD2d 971, lv denied 82 NY2d 653). Because petitioner was found guilty of charges involving deceitful actions that had a negative impact upon the integrity of the police department, the punishment of dismissal is not so disproportionate as to be shocking to one’s sense of fairness (see, Matter of Alfieri v Murphy, 38 NY2d 976, 977; Matter of Rine v City of Sherrill, supra; Matter of Perry v Municipal Civ. Serv. Commn., supra). (Article 78 Proceeding Transferred by Order of Supreme Court, Oswego County, Nicholson, J.) Present—Green, J. P., Balio, Wesley, Callahan and Boehm, JJ.

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—Determination unanimously confirmed without costs and petition dismissed. Memorandum: We conclude that respondents’ determination is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444; 300 Gramatan Ave. Assocs. v State Div. of [992] Human Rights, 45 NY2d 176, 179-180; Matter of Rine v City of Sherrill, 195 AD2d 961, lv denied 82 NY2d 660; Matter of Perry v Municipal Civ. Serv. Commn., 191 AD2d 971, lv denied 82 NY2d 653). Because petitioner was found guilty of charges involving deceitful actions that had a negative impact upon the integrity of the police department, the punishment of dismissal is not so disproportionate as to be shocking to one’s sense of fairness (see, Matter of Alfieri v Murphy, 38 NY2d 976, 977; Matter of Rine v City of Sherrill, supra; Matter of Perry v Municipal Civ. Serv. Commn., supra). (Article 78 Proceeding Transferred by Order of Supreme Court, Oswego County, Nicholson, J.) Present—Green, J. P., Balio, Wesley, Callahan and Boehm, JJ.

Ruggio v. Hammill, 207 A.D.2d 991, 616 N.Y.S.2d 842, 1994 N.Y. App. Div. LEXIS 10207 (N.Y. Ct. App. 1994).

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Opinion

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