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Matter of Difate v. City Manager

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1984
105 A.D.2d 744 (N.Y. App. Div. 1984)

Opinion

November 13, 1984


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

The determination as to petitioner's guilt is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176). Furthermore, since police departments are quasimilitary organizations requiring strict discipline (see Matter of Bal v Murphy, 55 A.D.2d 26, aff'd. 43 N.Y.2d 762; Matter of Keogh v Dolce, 84 A.D.2d 579), the penalty imposed was 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).

We have examined petitioner's other contentions and find them to be without merit. Niehoff, J.P., Boyers, Lawrence and Eiber, JJ., concur.


Summaries of

Matter of Difate v. City Manager

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1984
105 A.D.2d 744 (N.Y. App. Div. 1984)
Case details for

Matter of Difate v. City Manager

Case Details

Full title:In the Matter of MICHAEL DIFATE, Appellant, v. CITY MANAGER OF THE CITY OF…

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

Date published: Nov 13, 1984

Citations

105 A.D.2d 744 (N.Y. App. Div. 1984)

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