Eckert v. City of Newburgh

Full title: JAMES ECKERT, Respondent, v. CITY OF NEWBURGH, Appellant

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

Date published: Oct 15, 1985

114 A.D.2d 398 (N.Y. App. Div. 1985)

Opinion

October 15, 1985

Appeal from the Supreme Court, Orange County (Green, J.).

Judgment reversed, on the law, without costs or disbursements, penalty reinstated, determination confirmed, and proceeding dismissed on the merits.

Petitioner has been a fireman with appellant Fire Department since 1975. After being found guilty of falsely reporting sick, he was dismissed from the Department on May 9, 1984.

Under all the circumstances of this case, the penalty imposed 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). Lazer, J.P., Mangano, Gibbons and Weinstein, JJ., concur.