Winn v. Eschweiler

Appellate Division of the Supreme Court of New York

Winn v. Eschweiler

149 A.D.2d 716, 540 N.Y.S.2d 509, 1989 N.Y. App. Div. LEXIS 5407

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

DecidedApril 24, 1989

StatusPublished

Cited by1 cases

This text of 149 A.D.2d 716 (Winn v. Eschweiler) 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

Winn v. Eschweiler, 149 A.D.2d 716, 540 N.Y.S.2d 509, 1989 N.Y. App. Div. LEXIS 5407 (N.Y. Ct. App. 1989).

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Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Peter Q. Eschweiler, Commissioner of the Westchester County Department of Planning, dated August 26, 1987, which, after a hearing, found the petitioner guilty of misconduct and dismissed him from his employment.

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

There was substantial evidence to support the finding of misconduct since the petitioner admitted that he prepared and filed a false insurance document with the County of Westchester and the petitioner lied to his superiors when first questioned about the origin of the certificate (see, Matter of Pell v Board of Educ., 34 NY2d 222). Nor can we say that the penalty of dismissal is so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., supra). Lawrence, J. P., Sullivan, Harwood and Balletta, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Peter Q. Eschweiler, Commissioner of the Westchester County Department of Planning, dated August 26, 1987, which, after a hearing, found the petitioner guilty of misconduct and dismissed him from his employment.

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

There was substantial evidence to support the finding of misconduct since the petitioner admitted that he prepared and filed a false insurance document with the County of Westchester and the petitioner lied to his superiors when first questioned about the origin of the certificate (see, Matter of Pell v Board of Educ., 34 NY2d 222). Nor can we say that the penalty of dismissal is so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., supra). Lawrence, J. P., Sullivan, Harwood and Balletta, JJ., concur.

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Bluebook (online)

149 A.D.2d 716, 540 N.Y.S.2d 509, 1989 N.Y. App. Div. LEXIS 5407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winn-v-eschweiler-nyappdiv-1989.

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