Waldron v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Waldron v. New York City Transit Authority

247 A.D.2d 623, 668 N.Y.S.2d 491, 1998 N.Y. App. Div. LEXIS 1786

Appellate Division of the Supreme Court of the State of New York·Decided February 23, 1998·Published

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Authority, dated August 9, 1996, which, after a hearing, found the [624]*624petitioner guilty of certain disciplinary charges and demoted him from his position as a Yard Dispatcher to a Train Operator.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The respondent’s determination that the petitioner negligently performed his duties as a train dispatcher is supported by substantial evidence. Moreover, the penalty of a two-Civil Service-grade demotion from Yard Dispatcher to Train Operator is 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, 233; Matter of Smith v Board of Educ., 231 AD2d 528).

Bracken, J. P., Santucci, Altman and McGinity, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Authority, dated August 9, 1996, which, after a hearing, found the [624]*624petitioner guilty of certain disciplinary charges and demoted him from his position as a Yard Dispatcher to a Train Operator.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The respondent’s determination that the petitioner negligently performed his duties as a train dispatcher is supported by substantial evidence. Moreover, the penalty of a two-Civil Service-grade demotion from Yard Dispatcher to Train Operator is 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, 233; Matter of Smith v Board of Educ., 231 AD2d 528).

Bracken, J. P., Santucci, Altman and McGinity, JJ., concur.

Waldron v. New York City Transit Authority, 247 A.D.2d 623, 668 N.Y.S.2d 491, 1998 N.Y. App. Div. LEXIS 1786 (N.Y. Ct. App. 1998).

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247 A.D.2d 623 (Waldron v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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