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De Bois v. Rozzi

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1985
114 A.D.2d 848 (N.Y. App. Div. 1985)

Opinion

November 4, 1985


Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The determination of the respondent Police Commissioner as to petitioner's guilt of the disciplinary charges brought against him as ample basis in the record and, thus, is supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176).

Our confirmation of the determination of the Police Commissioner is made in consideration of the well-settled proposition that a police department, as a quasi-military organization, demands strict discipline (see, Matter of Bal v Murphy, 55 A.D.2d 26, affd 43 N.Y.2d 762; Matter of Difate v City Manager of City of Yonkers, 105 A.D.2d 744). In spite of petitioner's 23 years on the force he apparently was unable to conform to the rules and regulations of the department regarding, inter alia, proper attire and appearance or to comply with a superior officer's order that he improve the condition of his uniform and dress in proper attire. Considering all of these matters, the sanction imposed is not so disproportionate to the offenses as to be shocking to one's sense of fairness (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222). Mangano, J.P., Thompson, Brown and Eiber, JJ., concur.


Summaries of

De Bois v. Rozzi

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1985
114 A.D.2d 848 (N.Y. App. Div. 1985)
Case details for

De Bois v. Rozzi

Case Details

Full title:In the Matter of FREDERICK G. DE BOIS, Petitioner, v. SAMUEL ROZZI, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 4, 1985

Citations

114 A.D.2d 848 (N.Y. App. Div. 1985)

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