Opinion
06-10-2016
In the Matter of Nicholas CASTIGLIA, Petitioner, v. COUNTY OF ONTARIO and Phillip Povero, Sheriff of Ontario County, Respondents.
Trevett Cristo Salzer & Andolina, P.C., Rochester (Matthew J. Fusco of Counsel), for Petitioner. Gary L. Curtiss, County Attorney, Canandaigua (Lea T. Nacca of Counsel), For Respondents.
Trevett Cristo Salzer & Andolina, P.C., Rochester (Matthew J. Fusco of Counsel), for Petitioner.
Gary L. Curtiss, County Attorney, Canandaigua (Lea T. Nacca of Counsel), For Respondents.
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND TROUTMAN, JJ.
Opinion
MEMORANDUM: Petitioner commenced this proceeding seeking to annul the determination finding him guilty of disciplinary charges and terminating his employment as a correction officer for respondents. We conclude that the determination is supported by substantial evidence, i.e., “such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact” (300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 ; see CPLR 7803[4] ; see generally Matter of Pell v. Board of Educ. of Union Free Sch. Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 230–231, 356 N.Y.S.2d 833, 313 N.E.2d 321 ). We further conclude that, in view of petitioner's extensive disciplinary record, the penalty of terminating his employment is not “so disproportionate to the offense[s] as to be shocking to one's sense of fairness,” and thus it does not constitute an abuse of discretion as a matter of law (Matter of Kelly v. Safir, 96 N.Y.2d 32, 38, 724 N.Y.S.2d 680, 747 N.E.2d 1280, rearg. denied 96 N.Y.2d 854, 729 N.Y.S.2d 670, 754 N.E.2d 773 ; see Matter of Seltzer v. City of Rochester, 77 A.D.3d 1300, 1301, 907 N.Y.S.2d 912 ).
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.