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

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

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

Date published: Oct 5, 1987

133 A.D.2d 635 (N.Y. App. Div. 1987)

Opinion

October 5, 1987

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Substantial evidence exists in the record to support the Hearing Officer's determination sustaining specifications (a) and (c) of the charge of "misconduct and/or incompetence" against the petitioner (see, Matter of Collins v. Codd, 38 N.Y.2d 269, 270-271).

Further, it cannot be said that the penalty imposed upon the petitioner was so disproportionate to the offense as to be shocking to one's sense of fairness, especially in view of his extensive prior disciplinary record (see, Matter of Linzy v. New York City Tr. Auth., 125 A.D.2d 571). Lawrence, J.P., Eiber, Spatt and Sullivan, JJ., concur.