Schirtzer v. O'Neill

Appellate Division of the Supreme Court of New York

Schirtzer v. O'Neill

72 A.D.2d 776, 421 N.Y.S.2d 1021, 1979 N.Y. App. Div. LEXIS 14012

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

DecidedNovember 13, 1979

StatusPublished

This text of 72 A.D.2d 776 (Schirtzer v. O'Neill) 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

Schirtzer v. O'Neill, 72 A.D.2d 776, 421 N.Y.S.2d 1021, 1979 N.Y. App. Div. LEXIS 14012 (N.Y. Ct. App. 1979).

Pincite

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the Police Commissioner of the City of Long Beach, dated December 27, 1978, and made after a hearing, which found petitioner guilty of violating certain police department rules and regulations and dismissed him from his position as a police officer. Determination confirmed, and proceeding dismissed on the merits, without costs or disbursements. In our opinion, based upon the entire record in this proceeding, the determination is supported by substantial evidence. Moreover, we feel that the punishment imposed is not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222; Madry v Veteran, 70 AD2d 930). Titone, J. P., Cohalan, Martuscello and Gibbons, JJ., concur.

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

—Proceeding pursuant to CPLR article 78 to review a determination of the Police Commissioner of the City of Long Beach, dated December 27, 1978, and made after a hearing, which found petitioner guilty of violating certain police department rules and regulations and dismissed him from his position as a police officer. Determination confirmed, and proceeding dismissed on the merits, without costs or disbursements. In our opinion, based upon the entire record in this proceeding, the determination is supported by substantial evidence. Moreover, we feel that the punishment imposed is not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222; Madry v Veteran, 70 AD2d 930). Titone, J. P., Cohalan, Martuscello and Gibbons, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

72 A.D.2d 776, 421 N.Y.S.2d 1021, 1979 N.Y. App. Div. LEXIS 14012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schirtzer-v-oneill-nyappdiv-1979.

Opinion

Related

Cite This Page — Counsel Stack