Rupnarine v. Koehler

Appellate Division of the Supreme Court of New York

Rupnarine v. Koehler

169 A.D.2d 545, 564 N.Y.S.2d 410, 1991 N.Y. App. Div. LEXIS 467

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

DecidedJanuary 22, 1991

StatusPublished

Cited by1 cases

This text of 169 A.D.2d 545 (Rupnarine v. Koehler) 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

Rupnarine v. Koehler, 169 A.D.2d 545, 564 N.Y.S.2d 410, 1991 N.Y. App. Div. LEXIS 467 (N.Y. Ct. App. 1991).

Pincite

Opinion

Determination of the respondent Correction Commissioner of the City of New York, rendered August 11, 1989, which terminated petitioner’s employment as a correction officer, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this court by order of Sup Ct, NY County [Francis Pécora, J.], entered on Nov. 14, 1989) is dismissed without costs or disbursements.

We find that there was substantial evidence in the record, based on the testimony of three of the Department’s witnesses, to support the Commissioner’s determination that petitioner, on June 4, 1989, wrongfully engaged in conduct unbecoming of an officer when he masturbated in the presence of a female correction officer and two inmates, and subsequently submitted false and misleading written reports with respect to the incident in question.

In view of the nature of petitioner’s misconduct and his employment record, which, in the two years since his appointment as a correction officer indicates that he received a corrective interview for punctuality and attendance problems, we find the penalty imposed was not so disproportionate to the offenses as to be shocking to one’s sense of fairness. Further, we find no merit to petitioner’s contention that the Hearing Officer reached a predetermined conclusion of petitioner’s guilt prior to the hearing on the departmental charges. Concur—Murphy, P. J., Carro, Wallach, Kupferman and Asch, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Determination of the respondent Correction Commissioner of the City of New York, rendered August 11, 1989, which terminated petitioner’s employment as a correction officer, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this court by order of Sup Ct, NY County [Francis Pécora, J.], entered on Nov. 14, 1989) is dismissed without costs or disbursements.

We find that there was substantial evidence in the record, based on the testimony of three of the Department’s witnesses, to support the Commissioner’s determination that petitioner, on June 4, 1989, wrongfully engaged in conduct unbecoming of an officer when he masturbated in the presence of a female correction officer and two inmates, and subsequently submitted false and misleading written reports with respect to the incident in question.

In view of the nature of petitioner’s misconduct and his employment record, which, in the two years since his appointment as a correction officer indicates that he received a corrective interview for punctuality and attendance problems, we find the penalty imposed was not so disproportionate to the offenses as to be shocking to one’s sense of fairness. Further, we find no merit to petitioner’s contention that the Hearing Officer reached a predetermined conclusion of petitioner’s guilt prior to the hearing on the departmental charges. Concur—Murphy, P. J., Carro, Wallach, Kupferman and Asch, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

169 A.D.2d 545, 564 N.Y.S.2d 410, 1991 N.Y. App. Div. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rupnarine-v-koehler-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack