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Taylor v. New York City Transit Authority

133 A.D.2d 635, 519 N.Y.S.2d 637, 1987 N.Y. App. Div. LEXIS 51674
Procedural entryThis page is a short order in Taylor v. New York City Transit Authority. Read the opinion of the Court — 131 A.D.2d 460 →
Appellate Division of the Supreme Court of the State of New York·Decided October 5, 1987·Published

Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the New York City Transit Authority, dated August 20, 1985, which, after a hearing, found the petitioner guilty of "misconduct and/or incompetence”, and dismissed him from his position as a train operator.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Substantial evidence exists in the record to support the Hearing Officer’s determination sustaining specifications (a) and (c) of the charge of "misconduct and/or incompetence” against the petitioner (see, Matter of Collins v Codd, 38 NY2d 269, 270-271).

Further, it cannot be said that the penalty imposed upon the petitioner was so disproportionate to the offense as to be shocking to one’s sense of fairness, especially in view of his extensive prior disciplinary record (see, Matter of Linzy v New York City Tr. Auth., 125 AD2d 571). Lawrence, J. P., Eiber, Spatt and Sullivan, JJ., concur.

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Taylor v. New York City Transit Authority, 133 A.D.2d 635, 519 N.Y.S.2d 637, 1987 N.Y. App. Div. LEXIS 51674 (N.Y. Ct. App. 1987).

133 A.D.2d 635 (Taylor v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Collins v. Codd
342 N.E.2d 524 (New York Court of Appeals, 1976)
Linzy v. New York City Transit Authority
125 A.D.2d 571 (Appellate Division of the Supreme Court of New York, 1986)