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Matter of Hutchinson v. Lloyd

Appellate Division of the Supreme Court of New York, First Department
Jun 1, 1995
216 A.D.2d 3 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the Supreme Court, New York County [Edward H. Lehner, J.].


In the circumstances, we find the penalty of termination for an altercation with a civilian to be so disproportionate to the offense as to be shocking to one's sense of fairness ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). The record reflects that the incident was precipitated by the conduct of the complaining civilian. We further note the presence of the complainant's cousin at the scene. In addition thereto, we find that the petitioner's pre-rehabilitation dependency related misconduct and absenteeism should not have been taken into account in determining the penalty herein.

Concur — Murphy, P.J., Rubin, Kupferman, Asch and Nardelli, JJ.


Summaries of

Matter of Hutchinson v. Lloyd

Appellate Division of the Supreme Court of New York, First Department
Jun 1, 1995
216 A.D.2d 3 (N.Y. App. Div. 1995)
Case details for

Matter of Hutchinson v. Lloyd

Case Details

Full title:In the Matter of JAMES HUTCHINSON, Petitioner, v. EMILY LLOYD, as…

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

Date published: Jun 1, 1995

Citations

216 A.D.2d 3 (N.Y. App. Div. 1995)
627 N.Y.S.2d 47