Van Wagenen v. LaPaglia

Appellate Division of the Supreme Court of New York

Van Wagenen v. LaPaglia

202 A.D.2d 953, 610 N.Y.S.2d 890

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

DecidedMarch 31, 1994

StatusPublished

This text of 202 A.D.2d 953 (Van Wagenen v. LaPaglia) 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

Van Wagenen v. LaPaglia, 202 A.D.2d 953, 610 N.Y.S.2d 890 (N.Y. Ct. App. 1994).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent which dismissed petitioner from service as a Deputy Sheriff.

The record contains substantial evidence to support the determination finding petitioner guilty of insubordination. We find no merit to petitioner’s claim that this finding of guilt was based on information outside the hearing record. Moreover, in light of petitioner’s work history and the facts underlying the insubordination charge, we do not find the penalty of [954]*954dismissal to have been disproportionate under the circumstances.

Mikoll, J. P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent which dismissed petitioner from service as a Deputy Sheriff.

The record contains substantial evidence to support the determination finding petitioner guilty of insubordination. We find no merit to petitioner’s claim that this finding of guilt was based on information outside the hearing record. Moreover, in light of petitioner’s work history and the facts underlying the insubordination charge, we do not find the penalty of [954]*954dismissal to have been disproportionate under the circumstances.

Mikoll, J. P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

202 A.D.2d 953, 610 N.Y.S.2d 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-wagenen-v-lapaglia-nyappdiv-1994.