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Matter of Ustin v. City of White Plains

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 1984
105 A.D.2d 708 (N.Y. App. Div. 1984)

Opinion

November 5, 1984


Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The determination as to petitioner's guilt is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176). Furthermore, since police departments are quasi-military organizations requiring strict discipline (see Matter of Bal v Murphy, 55 A.D.2d 26, aff'd. 43 N.Y.2d 762; Matter of Keogh v Dolce, 84 A.D.2d 579), the penalty imposed (two months' suspension without pay) was not so disproportionate to the offense as to be shocking to one's sense of fairness (see Matter of Pell v Board of Educ., 34 N.Y.2d 222).

We see no basis for annulment in petitioner's other contentions. Mollen, P.J., Titone, Bracken and Rubin, JJ., concur.


Summaries of

Matter of Ustin v. City of White Plains

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 1984
105 A.D.2d 708 (N.Y. App. Div. 1984)
Case details for

Matter of Ustin v. City of White Plains

Case Details

Full title:In the Matter of BRIAN T. USTIN, Petitioner, v. CITY OF WHITE PLAINS et…

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

Date published: Nov 5, 1984

Citations

105 A.D.2d 708 (N.Y. App. Div. 1984)