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Matter of Houston v. Village of Haverstraw

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 562 (N.Y. App. Div. 1999)

Opinion

Argued May 7, 1999

June 21, 1999

Proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the Village of Haverstraw, dated April 21, 1997, which, after a hearing, found that the petitioner was guilty of assault and insubordination, and dismissed him from his position as a Police Officer in the Village of Haverstraw.

Trager, Cronin Byczek, LLP, Lake Success, N.Y. (Raymond E. Kerno and Richard Bunyan of counsel), for petitioner.

Keane Beane, P.C., White Plains, N.Y. (Lance H. Klein and Stephanie M. Orefice of counsel), for respondents.

FRED T. SANTUCCI, J.P., DANIEL W. JOY, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION JUDGMENT

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

The determination under review is supported by substantial evidence ( see, Matter of Lahey v. Kelly, 71 N.Y.2d 135). Furthermore, the penalty of dismissal was not so disproportionate to the offense committed as to be shocking to one's sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Dabulis v. New York City Tr. Auth., 222 A.D.2d 433; Matter of Hickey v. Bratton, 180 A.D.2d 682; see also, Matter of Brooks v. Suardy, 222 A.D.2d 502; Matter of Ruggio v. Hammill, 207 A.D.2d 991).


Summaries of

Matter of Houston v. Village of Haverstraw

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 562 (N.Y. App. Div. 1999)
Case details for

Matter of Houston v. Village of Haverstraw

Case Details

Full title:In the Matter of JAMES HOUSTON, petitioner, v. VILLAGE OF HAVERSTRAW, et…

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

Date published: Jun 21, 1999

Citations

262 A.D.2d 562 (N.Y. App. Div. 1999)
691 N.Y.S.2d 337