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Matter of Burke v. Tappan

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1079 (N.Y. App. Div. 1995)

Opinion

March 17, 1995

Appeal from the Supreme Court, Onondaga County, Nicholson, J.

Present — Green, J.P., Fallon, Wesley, Callahan and Balio, JJ.


Determination unanimously confirmed without costs and petition dismissed. Memorandum: We conclude that there is substantial evidence to support respondent's determination sustaining six charges of sexual harassment against petitioner. The penalty of demotion to the position of Correction Officer is not so disproportionate to the charged conduct as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233). Further, respondent did not abuse her discretion in imposing a penalty more severe than the Hearing Officer's recommendation (see, Matter of Comeau v. Board of Educ., 160 A.D.2d 1150, 1152; Matter of Crookston v. Brown, 140 A.D.2d 868, 869).


Summaries of

Matter of Burke v. Tappan

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1079 (N.Y. App. Div. 1995)
Case details for

Matter of Burke v. Tappan

Case Details

Full title:In the Matter of MICHAEL J. BURKE, Petitioner, v. PATRICIA R. TAPPAN, as…

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

Date published: Mar 17, 1995

Citations

213 A.D.2d 1079 (N.Y. App. Div. 1995)
625 N.Y.S.2d 991