Sangiorgi v. Hasl

Appellate Division of the Supreme Court of New York

Sangiorgi v. Hasl

123 A.D.2d 434, 506 N.Y.S.2d 563, 1986 N.Y. App. Div. LEXIS 60191

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

DecidedSeptember 29, 1986

StatusPublished

This text of 123 A.D.2d 434 (Sangiorgi v. Hasl) 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.

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Sangiorgi v. Hasl, 123 A.D.2d 434, 506 N.Y.S.2d 563, 1986 N.Y. App. Div. LEXIS 60191 (N.Y. Ct. App. 1986).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Nassau County Department of Public Works, dated November 16, 1984, which, after a hearing, [435]*435found the petitioner guilty of misconduct pursuant to Civil Service Law § 75 (1) and imposed a penalty of 75 days’ suspension from work without pay.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The Hearing Court Officer’s determination that the petitioner put a fellow employee in fear of bodily harm and carried out a violent attack upon him is supported by substantial evidence. Furthermore, under the totality of the circumstances, the penalty imposed was not shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222). Mollen, P. J., Lazer, Mangano and Lawrence, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Nassau County Department of Public Works, dated November 16, 1984, which, after a hearing, [435]*435found the petitioner guilty of misconduct pursuant to Civil Service Law § 75 (1) and imposed a penalty of 75 days’ suspension from work without pay.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The Hearing Court Officer’s determination that the petitioner put a fellow employee in fear of bodily harm and carried out a violent attack upon him is supported by substantial evidence. Furthermore, under the totality of the circumstances, the penalty imposed was not shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222). Mollen, P. J., Lazer, Mangano and Lawrence, JJ., concur.

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123 A.D.2d 434, 506 N.Y.S.2d 563, 1986 N.Y. App. Div. LEXIS 60191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sangiorgi-v-hasl-nyappdiv-1986.

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