Waldron v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Waldron v. New York City Transit Authority

69 A.D.2d 907, 416 N.Y.S.2d 520, 1979 N.Y. App. Div. LEXIS 11665

Appellate Division of the Supreme Court of the State of New York·Decided April 30, 1979·Published·Cited by 1 cases

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated April 26, 1977, which discharged the petitioner from his position. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. Under the circumstances, we do not find the petitioner’s dismissal to be so disproportionate to the offense or the risk of harm to the respondent or the public "' "as to be shocking to one’s sense of fairness”.’ ” (See Matter of Pell v Board of Educ., 34 NY2d 222, 233, 234; see, also, Matter of Kutchera v New York City Tr. Auth., 37 NY2d 732.) Titone, J. P., Suozzi, Lazer and Cohalan, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated April 26, 1977, which discharged the petitioner from his position. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. Under the circumstances, we do not find the petitioner’s dismissal to be so disproportionate to the offense or the risk of harm to the respondent or the public "' "as to be shocking to one’s sense of fairness”.’ ” (See Matter of Pell v Board of Educ., 34 NY2d 222, 233, 234; see, also, Matter of Kutchera v New York City Tr. Auth., 37 NY2d 732.) Titone, J. P., Suozzi, Lazer and Cohalan, JJ., concur.

Waldron v. New York City Transit Authority, 69 A.D.2d 907, 416 N.Y.S.2d 520, 1979 N.Y. App. Div. LEXIS 11665 (N.Y. Ct. App. 1979).

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69 A.D.2d 907 (Waldron v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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