From Casetext: Smarter Legal Research

Matter of Winn v. Eschweiler

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1989
149 A.D.2d 716 (N.Y. App. Div. 1989)

Opinion

April 24, 1989


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

There was substantial evidence to support the finding of misconduct since the petitioner admitted that he prepared and filed a false insurance document with the County of Westchester and the petitioner lied to his superiors when first questioned about the origin of the certificate (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Nor can we say that the penalty of dismissal is so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., supra). Lawrence, J.P., Sullivan, Harwood and Balletta, JJ., concur.


Summaries of

Matter of Winn v. Eschweiler

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1989
149 A.D.2d 716 (N.Y. App. Div. 1989)
Case details for

Matter of Winn v. Eschweiler

Case Details

Full title:In the Matter of THOMAS A. WINN, Petitioner, v. PETER Q. ESCHWEILER, as…

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

Date published: Apr 24, 1989

Citations

149 A.D.2d 716 (N.Y. App. Div. 1989)
540 N.Y.S.2d 509

Citing Cases

Tenemille v. Town of Ramapo

Here, in addition to the charges of misconduct which are the subject of this proceeding, the petitioner had…