Schmidt v. Ryan

Appellate Division of the Supreme Court of New York

Schmidt v. Ryan

133 A.D.2d 536, 519 N.Y.S.2d 907, 1987 N.Y. App. Div. LEXIS 50024

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

DecidedSeptember 30, 1987

StatusPublished

This text of 133 A.D.2d 536 (Schmidt v. Ryan) 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

Schmidt v. Ryan, 133 A.D.2d 536, 519 N.Y.S.2d 907, 1987 N.Y. App. Div. LEXIS 50024 (N.Y. Ct. App. 1987).

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Opinion

Determination unanimously confirmed and petition dismissed without [537]*537costs. Memorandum: On this record, there was substantial evidence that petitioner wrongfully appropriated the property of the Christmas Bureau of Rochester to himself and to third parties who were not intended recipients of the property. We do not find the penalty of demotion in rank to be " ' "so disproportionate to the offense, in light of all the circumstances, as to be shocking to one’s sense of fairness” ’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233). (Article 78 proceeding transferred by order of Supreme Court, Monroe County, Wesley, J.) Present — Callahan, J. P., Denman, Green, Pine and Davis, JJ.

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Determination unanimously confirmed and petition dismissed without [537]*537costs. Memorandum: On this record, there was substantial evidence that petitioner wrongfully appropriated the property of the Christmas Bureau of Rochester to himself and to third parties who were not intended recipients of the property. We do not find the penalty of demotion in rank to be " ' "so disproportionate to the offense, in light of all the circumstances, as to be shocking to one’s sense of fairness” ’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233). (Article 78 proceeding transferred by order of Supreme Court, Monroe County, Wesley, J.) Present — Callahan, J. P., Denman, Green, Pine and Davis, JJ.

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Bluebook (online)

133 A.D.2d 536, 519 N.Y.S.2d 907, 1987 N.Y. App. Div. LEXIS 50024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-ryan-nyappdiv-1987.