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Matter of Thorne v. Sielaff

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 255 (N.Y. App. Div. 1991)

Opinion

April 11, 1991

Appeal from the Supreme Court, New York County, [Phyllis Gangel-Jacob, J.].


The petitioner was charged with a variety and number of violations of the Correction Department's Rules and Regulations, ranging from sick leave violations to violence against a woman. After a hearing, the ALJ recommended a penalty of dismissal citing petitioner's furnishing of false information and propensity toward violence concerning his encounter with the woman who testified at the hearing. A review of the record shows that the determination of the Correction Commissioner to dismiss the petitioner was based upon substantial evidence and the punishment was not shocking to the senses. (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 240.)

Concur — Murphy, P.J., Milonas, Ellerin, Ross and Rubin, JJ.


Summaries of

Matter of Thorne v. Sielaff

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 255 (N.Y. App. Div. 1991)
Case details for

Matter of Thorne v. Sielaff

Case Details

Full title:In the Matter of JAMES THORNE, Petitioner, v. ALLYN R. SIELAFF, as…

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

Date published: Apr 11, 1991

Citations

172 A.D.2d 255 (N.Y. App. Div. 1991)
568 N.Y.S.2d 86