Short v. Looney

Appellate Division of the Supreme Court of New York

Short v. Looney

34 A.D.2d 676, 310 N.Y.S.2d 523, 1970 N.Y. App. Div. LEXIS 5070

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

DecidedApril 20, 1970

StatusPublished

This text of 34 A.D.2d 676 (Short v. Looney) 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

Short v. Looney, 34 A.D.2d 676, 310 N.Y.S.2d 523, 1970 N.Y. App. Div. LEXIS 5070 (N.Y. Ct. App. 1970).

Pincite

Opinion

[677]*677Proceeding pursuant to article 78 of the CPLR to annul a determination of respondent Commissioner, dated January 31, 1969, which dismissed petitioner from his position as sergeant on the Nassau County police force. Determination modified, on the law, and in the exercise of discretion, without costs, to the extent of annulling and striking out the provision therein dismissing petitioner from the Nassau Police Department and substituting, in its place, a provision that petitioner is suspended without pay from said Police Department for a period of 15 months, commencing January 31, 1969. The record in this proceeding reveals that the untoward conduct for which petitioner was dismissed from the police force was not related to his official duties. Because of this fact and other circumstances appearing in the record, we are of the opinion that the punishment of dismissal was excessive. We therefore hold that the penalty assessed against petitioner was an abuse of discretion to the extent indicated above (CPLR 7803, subd. 3). Christ, P. J., Rabin, Martuseello, Kleinfeld and Benjamin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

[677]*677Proceeding pursuant to article 78 of the CPLR to annul a determination of respondent Commissioner, dated January 31, 1969, which dismissed petitioner from his position as sergeant on the Nassau County police force. Determination modified, on the law, and in the exercise of discretion, without costs, to the extent of annulling and striking out the provision therein dismissing petitioner from the Nassau Police Department and substituting, in its place, a provision that petitioner is suspended without pay from said Police Department for a period of 15 months, commencing January 31, 1969. The record in this proceeding reveals that the untoward conduct for which petitioner was dismissed from the police force was not related to his official duties. Because of this fact and other circumstances appearing in the record, we are of the opinion that the punishment of dismissal was excessive. We therefore hold that the penalty assessed against petitioner was an abuse of discretion to the extent indicated above (CPLR 7803, subd. 3). Christ, P. J., Rabin, Martuseello, Kleinfeld and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

34 A.D.2d 676, 310 N.Y.S.2d 523, 1970 N.Y. App. Div. LEXIS 5070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-v-looney-nyappdiv-1970.