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Matter of Kwasnicki v. Giacobbe

Appellate Division of the Supreme Court of New York, Third Department
Mar 31, 1994
202 A.D.2d 954 (N.Y. App. Div. 1994)

Opinion

March 31, 1994


Petitioner, a respiratory therapy technician, contends that respondent, in finding petitioner guilty of the disciplinary charges filed against him, selectively relied on questionable actions and managerial decisions taken by petitioner's supervisory personnel. The record, however, belies petitioner's assertions and we find substantial evidence to support respondent's determination. In addition, the penalty of suspension for one month without pay was not so disproportionate to the offenses as to be considered shocking to one's sense of fairness. Petitioner's remaining arguments have been considered and rejected as unpersuasive.

Cardona, P.J., Mikoll, Weiss and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Kwasnicki v. Giacobbe

Appellate Division of the Supreme Court of New York, Third Department
Mar 31, 1994
202 A.D.2d 954 (N.Y. App. Div. 1994)
Case details for

Matter of Kwasnicki v. Giacobbe

Case Details

Full title:In the Matter of JOHN KWASNICKI, Petitioner, v. GEORGE T. GIACOBBE, as…

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

Date published: Mar 31, 1994

Citations

202 A.D.2d 954 (N.Y. App. Div. 1994)
610 N.Y.S.2d 890