Scully v. Frank

Appellate Division of the Supreme Court of New York

Scully v. Frank

52 A.D.2d 585, 382 N.Y.S.2d 325, 1976 N.Y. App. Div. LEXIS 12177

Appellate Division of the Supreme Court of the State of New York·Decided April 5, 1976·Published

Opinion

Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated August 7, 1975, which, upon petitioner’s plea of guilty to certain specifications, found him guilty of those specifications and fined him a total of eight days’ pay. Determination confirmed and petition dismissed on the merits, without costs or disbursements. The imposition of a total fine of eight days’ [586] pay for three infractions of the Rules and Regulations of the Nassau County Police Department is not punishment so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, 34 NY2d 222). Gulotta, P. J., Martuscello, Latham, Cohalan and Shapiro, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated August 7, 1975, which, upon petitioner’s plea of guilty to certain specifications, found him guilty of those specifications and fined him a total of eight days’ pay. Determination confirmed and petition dismissed on the merits, without costs or disbursements. The imposition of a total fine of eight days’ [586] pay for three infractions of the Rules and Regulations of the Nassau County Police Department is not punishment so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, 34 NY2d 222). Gulotta, P. J., Martuscello, Latham, Cohalan and Shapiro, JJ., concur.

Scully v. Frank, 52 A.D.2d 585, 382 N.Y.S.2d 325, 1976 N.Y. App. Div. LEXIS 12177 (N.Y. Ct. App. 1976).

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52 A.D.2d 585 (Scully v. Frank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.