Matter of Page v. New York City Transit Authority

Full title: In the Matter of FRANK L. PAGE, Respondent, v. NEW YORK CITY TRANSIT…

Court: Court of Appeals of the State of New York

Date published: Jun 8, 1973

300 N.E.2d 735 (N.Y. 1973)

300 N.E.2d 735

347 N.Y.S.2d 204

Opinion

Argued June 4, 1973

Decided June 8, 1973

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

John A. Murray, John G. de Roos and Helen R. Cassidy for appellant.

Eli Kramer for respondent.

Order and judgment modified, without costs, by reinstating the Authority's determination with respect to the charge that petitioner moved the train in reverse direction without proper authority and, as so modified, affirmed, and the matter remitted to Special Term with directions to remand to the Authority for reassessment of the sanction to be imposed. There was substantial evidence, albeit contradicted, to support the finding and so much of the determination holding that petitioner improperly moved a train against the direction of traffic without permission.

Concur: Judges BREITEL, JASEN, GABRIELLI, JONES and WACHTLER. Chief Judge FULD and Judge BURKE dissent and vote to affirm on the opinion at the Appellate Division.