Shipman v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Shipman v. New York City Transit Authority

56 A.D.2d 934, 392 N.Y.S.2d 706, 1977 N.Y. App. Div. LEXIS 11335

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

DecidedMarch 28, 1977

StatusPublished

This text of 56 A.D.2d 934 (Shipman v. New York City Transit Authority) 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

Shipman v. New York City Transit Authority, 56 A.D.2d 934, 392 N.Y.S.2d 706, 1977 N.Y. App. Div. LEXIS 11335 (N.Y. Ct. App. 1977).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of respondent, made after a hearing which found that the petitioner had violated certain provisions of the "Rules and Regulations Governing Employees Engaged in the Operation of the New York City Transit System” and demoted him to the position of railroad clerk. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The record contains substantial evidence to sustain the charges. Each specification is supported by credible and detailed testimony. The specifications are largely undisputed and, in all instances, a reasonable man could infer from the evidence that the petitioner had violated the rules and regulations of the transit authority. After determining that the charges had been established, it was proper for the referee to consult the petitioner’s disciplinary record. That record discloses a lengthy history of violations of the rules and regulations of the transit authority. In the context of all of the relevant circumstances, the demotion of the petitioner to the position of railroad clerk is not a sanction which is shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of respondent, made after a hearing which found that the petitioner had violated certain provisions of the "Rules and Regulations Governing Employees Engaged in the Operation of the New York City Transit System” and demoted him to the position of railroad clerk. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The record contains substantial evidence to sustain the charges. Each specification is supported by credible and detailed testimony. The specifications are largely undisputed and, in all instances, a reasonable man could infer from the evidence that the petitioner had violated the rules and regulations of the transit authority. After determining that the charges had been established, it was proper for the referee to consult the petitioner’s disciplinary record. That record discloses a lengthy history of violations of the rules and regulations of the transit authority. In the context of all of the relevant circumstances, the demotion of the petitioner to the position of railroad clerk is not a sanction which is shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 934, 392 N.Y.S.2d 706, 1977 N.Y. App. Div. LEXIS 11335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shipman-v-new-york-city-transit-authority-nyappdiv-1977.