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Matter of Johnson v. N.Y. City Transit Auth

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1983
97 A.D.2d 436 (N.Y. App. Div. 1983)

Opinion

October 11, 1983


Proceeding pursuant to CPLR article 78 to review a determination of respondent dated October 13, 1982, which dismissed petitioner from his position of car cleaner. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The respondent's determination that petitioner was guilty of misconduct and incompetence is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176). Considering petitioner's past disciplinary record, the penalty imposed was not 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). We find no merit in petitioner's other argument. Damiani, J.P., Lazer, Gulotta and Bracken, JJ., concur.


Summaries of

Matter of Johnson v. N.Y. City Transit Auth

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1983
97 A.D.2d 436 (N.Y. App. Div. 1983)
Case details for

Matter of Johnson v. N.Y. City Transit Auth

Case Details

Full title:In the Matter of ERNEST JOHNSON, Petitioner, v. NEW YORK CITY TRANSIT…

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

Date published: Oct 11, 1983

Citations

97 A.D.2d 436 (N.Y. App. Div. 1983)