Silverstein v. Goldin

Appellate Division of the Supreme Court of New York

Silverstein v. Goldin

55 A.D.2d 561, 389 N.Y.S.2d 609, 1976 N.Y. App. Div. LEXIS 15243

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

DecidedDecember 21, 1976

StatusPublished

This text of 55 A.D.2d 561 (Silverstein v. Goldin) 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

Silverstein v. Goldin, 55 A.D.2d 561, 389 N.Y.S.2d 609, 1976 N.Y. App. Div. LEXIS 15243 (N.Y. Ct. App. 1976).

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Opinion

Determination of respondent city comptroller, dated September 15, 1975, finding petitioner guilty of insubordination and suspending him without pay for a period of two months, unanimously modified, on the law, and in the exercise of discretion, to the extent of mitigating the punishment to a suspension without pay for a period of 15 days, and as so modified, confirmed, without costs and disbursements. The determination of respondent was supported by substantial evidence (Pell v Board of Educ., 34 NY2d 222, 230-231; Matter of Burke v Bromberger, 300 NY 248; Matter of Miller v Kling, 291 NY 65). However, in view of petitioner’s 26 years of service and prior unblemished record, the penalty imposed was so disproportionate to the offense as to shock one’s sense of fairness (Pell v Board of Educ., supra, pp 233-234; Matter of Picconi v Lowery, 35 AD2d 693). Concur—Markewich, J. P., Murphy, Birns, Capozzoli and Nunez, JJ.

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Determination of respondent city comptroller, dated September 15, 1975, finding petitioner guilty of insubordination and suspending him without pay for a period of two months, unanimously modified, on the law, and in the exercise of discretion, to the extent of mitigating the punishment to a suspension without pay for a period of 15 days, and as so modified, confirmed, without costs and disbursements. The determination of respondent was supported by substantial evidence (Pell v Board of Educ., 34 NY2d 222, 230-231; Matter of Burke v Bromberger, 300 NY 248; Matter of Miller v Kling, 291 NY 65). However, in view of petitioner’s 26 years of service and prior unblemished record, the penalty imposed was so disproportionate to the offense as to shock one’s sense of fairness (Pell v Board of Educ., supra, pp 233-234; Matter of Picconi v Lowery, 35 AD2d 693). Concur—Markewich, J. P., Murphy, Birns, Capozzoli and Nunez, JJ.

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Bluebook (online)

55 A.D.2d 561, 389 N.Y.S.2d 609, 1976 N.Y. App. Div. LEXIS 15243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silverstein-v-goldin-nyappdiv-1976.

Opinion

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