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

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

DecidedMay 3, 1976

StatusPublished

This text of 52 A.D.2d 849 (Sexton 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

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).

Pincite

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.

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Bluebook (online)

52 A.D.2d 849, 382 N.Y.S.2d 567, 1976 N.Y. App. Div. LEXIS 12687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sexton-v-frank-nyappdiv-1976.