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Matter of Morlano v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 829 (N.Y. App. Div. 1987)

Opinion

October 26, 1987

Appeal from the Supreme Court, Kings County (Bernstein, J.).


Ordered that the judgment is affirmed, with costs.

On this record, it cannot be said that the Civil Service Commission's affirmance of the petitioner's dismissal was "purely arbitrary" (see, Matter of City Council v. Carbone, 54 A.D.2d 461, 467). In light of the petitioner's record of nine prior violations, including one for the same infraction, dismissal for the instant offense is not "`"so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness"'" (Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233; see, Matter of Short v. Nassau County Civ. Serv. Commn., 45 N.Y.2d 721, 723). Mangano, J.P., Thompson, Lawrence and Harwood, JJ., concur.


Summaries of

Matter of Morlano v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 829 (N.Y. App. Div. 1987)
Case details for

Matter of Morlano v. City of New York

Case Details

Full title:In the Matter of JOSEPH MORLANO, Appellant, v. CITY OF NEW YORK et al.…

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

Date published: Oct 26, 1987

Citations

133 A.D.2d 829 (N.Y. App. Div. 1987)