Sherman v. Oswald

Appellate Division of the Supreme Court of New York

Sherman v. Oswald

31 A.D.2d 516, 294 N.Y.S.2d 831, 1968 N.Y. App. Div. LEXIS 2961

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

DecidedNovember 7, 1968

StatusPublished

This text of 31 A.D.2d 516 (Sherman v. Oswald) 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

Sherman v. Oswald, 31 A.D.2d 516, 294 N.Y.S.2d 831, 1968 N.Y. App. Div. LEXIS 2961 (N.Y. Ct. App. 1968).

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Opinion

Direct referral of an article 78 proceeding to review determination of respondent dismissing petitioner from his position as a Parole Officer (CPLR 7804). Determination of respondent unanimously modified, on the facts and in the exercise of discretion, without [517]*517costs or disbursements, by reducing the punishment imposed from dismissal to suspension for a total period of two years (CPLR 7803, subd. 3). Petitioner was suspended, without pay, on or about November 17, 1966, and dismissed effective May 1, 1967. The modification herein is intended to include and date back from the original suspension. The charges were sustained by substantial evidence. However, under the circumstances and the facts as revealed by the record we deem the punishment of dismissal excessive (Matter of Bovino v. Scott, 22 N Y 2d 214; Matter of Mitthauer v. Patterson, 8 N Y 2d 37; Matter of Gaines v. Allen, 20 A D 2d 598; Matter of Koppel v. Hults, 20 A D 2d 669). Concur— Stevens, J. P., Steuer, Capozzoli, Tilzer and McNally, JJ.

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Direct referral of an article 78 proceeding to review determination of respondent dismissing petitioner from his position as a Parole Officer (CPLR 7804). Determination of respondent unanimously modified, on the facts and in the exercise of discretion, without [517]*517costs or disbursements, by reducing the punishment imposed from dismissal to suspension for a total period of two years (CPLR 7803, subd. 3). Petitioner was suspended, without pay, on or about November 17, 1966, and dismissed effective May 1, 1967. The modification herein is intended to include and date back from the original suspension. The charges were sustained by substantial evidence. However, under the circumstances and the facts as revealed by the record we deem the punishment of dismissal excessive (Matter of Bovino v. Scott, 22 N Y 2d 214; Matter of Mitthauer v. Patterson, 8 N Y 2d 37; Matter of Gaines v. Allen, 20 A D 2d 598; Matter of Koppel v. Hults, 20 A D 2d 669). Concur— Stevens, J. P., Steuer, Capozzoli, Tilzer and McNally, JJ.

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Bluebook (online)

31 A.D.2d 516, 294 N.Y.S.2d 831, 1968 N.Y. App. Div. LEXIS 2961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-oswald-nyappdiv-1968.