Ustin v. City of White Plains

Appellate Division of the Supreme Court of New York

Ustin v. City of White Plains

105 A.D.2d 708, 481 N.Y.S.2d 147, 1984 N.Y. App. Div. LEXIS 20815

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

DecidedNovember 5, 1984

StatusPublished

This text of 105 A.D.2d 708 (Ustin v. City of White Plains) 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

Ustin v. City of White Plains, 105 A.D.2d 708, 481 N.Y.S.2d 147, 1984 N.Y. App. Div. LEXIS 20815 (N.Y. Ct. App. 1984).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of respondent Commissioner of Public Safety dated August 26,1983, which, after a hearing, found petitioner guilty of two disciplinary charges and imposed a penalty of a two-month suspension without pay.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The determination as to petitioner’s guilt is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Furthermore, since police departments are quasi-military organizations requiring strict discipline (see Matter of Bal v Murphy, 55 AD2d 26, affd 43 NY2d 762; Matter of Keogh v Dolce, 84 AD2d 579), the penalty imposed (two months’ suspension without pay) was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222).

We see no basis for annulment in petitioner’s other contentions. Mollen, P. J., Titone, Bracken and Rubin, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of respondent Commissioner of Public Safety dated August 26,1983, which, after a hearing, found petitioner guilty of two disciplinary charges and imposed a penalty of a two-month suspension without pay.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The determination as to petitioner’s guilt is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Furthermore, since police departments are quasi-military organizations requiring strict discipline (see Matter of Bal v Murphy, 55 AD2d 26, affd 43 NY2d 762; Matter of Keogh v Dolce, 84 AD2d 579), the penalty imposed (two months’ suspension without pay) was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222).

We see no basis for annulment in petitioner’s other contentions. Mollen, P. J., Titone, Bracken and Rubin, JJ., concur.

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Bluebook (online)

105 A.D.2d 708, 481 N.Y.S.2d 147, 1984 N.Y. App. Div. LEXIS 20815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ustin-v-city-of-white-plains-nyappdiv-1984.

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