Von Blomberg v. Frank

Appellate Division of the Supreme Court of New York

Von Blomberg v. Frank

40 A.D.2d 679, 336 N.Y.S.2d 254, 1972 N.Y. App. Div. LEXIS 3835

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

DecidedOctober 2, 1972

StatusPublished

This text of 40 A.D.2d 679 (Von Blomberg v. Frank) 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

Von Blomberg v. Frank, 40 A.D.2d 679, 336 N.Y.S.2d 254, 1972 N.Y. App. Div. LEXIS 3835 (N.Y. Ct. App. 1972).

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Opinion

Proceeding pursuant to article 78 of the CPLR to review respondent’s determination, dated February 16, 1972 and made after a hearing, which fined petitioner 15 days’ pay. Petition granted, on the law, to the extent of modifying the determination by reducing the penalty to a censure. As so modified, determination confirmed, without costs. Under the circumstances of this ease and in view of petitioner’s prior unblemished record, the penalty imposed was an abuse.of discretion. Martuscello, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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Proceeding pursuant to article 78 of the CPLR to review respondent’s determination, dated February 16, 1972 and made after a hearing, which fined petitioner 15 days’ pay. Petition granted, on the law, to the extent of modifying the determination by reducing the penalty to a censure. As so modified, determination confirmed, without costs. Under the circumstances of this ease and in view of petitioner’s prior unblemished record, the penalty imposed was an abuse.of discretion. Martuscello, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 679, 336 N.Y.S.2d 254, 1972 N.Y. App. Div. LEXIS 3835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/von-blomberg-v-frank-nyappdiv-1972.