Matter of Moccio v. State

Full title: In the Matter of STEPHEN MOCCIO, Petitioner, v. STATE OF NEW YORK et al.…

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

Date published: Jan 10, 1994

200 A.D.2d 574 (N.Y. App. Div. 1994)

606 N.Y.S.2d 300

Opinion

January 10, 1994

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The determination that the petitioner was not at his assigned post on more than one occasion, that he carried an unregistered automatic weapon, and that he was insubordinate is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176). The penalty imposed, dismissal, is not so disproportionate to these offenses as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222).

We have examined petitioner's remaining contentions and find them to be without merit. Bracken, J.P., Sullivan, Miller and Lawrence, JJ., concur.