Sexton v. Frank

Appellate Division of the Supreme Court of New York

Sexton v. Frank

52 A.D.2d 849, 382 N.Y.S.2d 567, 1976 N.Y. App. Div. LEXIS 12687

Appellate Division of the Supreme Court of the State of New York·Decided May 3, 1976·Published

Opinion

Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated June 4, 1975, which, after a hearing, found petitioner guilty of certain specifications and fined him a total of four days’ pay. Determination confirmed and petition dismissed on the merits, with costs. We hold that the determination of petitioner’s guilt was based upon substantial evidence and that the punishment imposed was not 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., Hopkins, Latham, Hargett and Shapiro, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated June 4, 1975, which, after a hearing, found petitioner guilty of certain specifications and fined him a total of four days’ pay. Determination confirmed and petition dismissed on the merits, with costs. We hold that the determination of petitioner’s guilt was based upon substantial evidence and that the punishment imposed was not 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., Hopkins, Latham, Hargett and Shapiro, JJ., concur.

Sexton v. Frank, 52 A.D.2d 849, 382 N.Y.S.2d 567, 1976 N.Y. App. Div. LEXIS 12687 (N.Y. Ct. App. 1976).

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52 A.D.2d 849 (Sexton v. Frank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.