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

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

DecidedApril 5, 1976

StatusPublished

This text of 52 A.D.2d 585 (Scully v. Frank) 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

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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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]*586pay 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]*586pay 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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Bluebook (online)

52 A.D.2d 585, 382 N.Y.S.2d 325, 1976 N.Y. App. Div. LEXIS 12177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scully-v-frank-nyappdiv-1976.