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

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

DecidedFebruary 23, 1998

StatusPublished

This text of 247 A.D.2d 623 (Waldron v. New York City Transit Authority) 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

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).

Pincite

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.

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Bluebook (online)

247 A.D.2d 623, 668 N.Y.S.2d 491, 1998 N.Y. App. Div. LEXIS 1786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waldron-v-new-york-city-transit-authority-nyappdiv-1998.

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