Yancey v. New York City Housing Authority

New York Court of Appeals

Yancey v. New York City Housing Authority

305 N.E.2d 487, 33 N.Y.2d 759, 350 N.Y.S.2d 406, 1973 N.Y. LEXIS 979

DecidedNovember 14, 1973

StatusPublished

This text of 305 N.E.2d 487 (Yancey v. New York City Housing Authority) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yancey v. New York City Housing Authority, 305 N.E.2d 487, 33 N.Y.2d 759, 350 N.Y.S.2d 406, 1973 N.Y. LEXIS 979 (N.Y. 1973).

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Opinions

Order modified, without posts, in accordance with the following memorandum, and, as so modified, affirmed: There is sub[760]*760stantial evidence to support the determination that the petitioner was guilty of the charges as found by respondent. However, the penalty of dismissal is excessive as a matter of law (CPLR 7803, subd. 3; see, e.g., Matter of Bovino v. Scott, 22 N Y 2d 214; Matter of Bell v. Waterfront Comm. of N. Y. Harbor, 20 N Y 2d 54, 63). His discharge is annulled and the measure of discipline is reduced to a suspension for the period from February 10, 1967 to April 27, 1972.

Concur: Chief Judge Fuld and Judges Burke, Gabbielli and Wachtleb. Judge Jasen dissents and votes to affirm in the following opinion. Judge Jones dissents and votes to reverse in a separate opinion. Taking no part: Judge Bbeitel.

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Order modified, without posts, in accordance with the following memorandum, and, as so modified, affirmed: There is sub[760]*760stantial evidence to support the determination that the petitioner was guilty of the charges as found by respondent. However, the penalty of dismissal is excessive as a matter of law (CPLR 7803, subd. 3; see, e.g., Matter of Bovino v. Scott, 22 N Y 2d 214; Matter of Bell v. Waterfront Comm. of N. Y. Harbor, 20 N Y 2d 54, 63). His discharge is annulled and the measure of discipline is reduced to a suspension for the period from February 10, 1967 to April 27, 1972.

Concur: Chief Judge Fuld and Judges Burke, Gabbielli and Wachtleb. Judge Jasen dissents and votes to affirm in the following opinion. Judge Jones dissents and votes to reverse in a separate opinion. Taking no part: Judge Bbeitel.

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Bluebook (online)

305 N.E.2d 487, 33 N.Y.2d 759, 350 N.Y.S.2d 406, 1973 N.Y. LEXIS 979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yancey-v-new-york-city-housing-authority-ny-1973.

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