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Schmidt v. Ryan

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1987
133 A.D.2d 536 (N.Y. App. Div. 1987)

Opinion

September 30, 1987

Appeal from the Supreme Court, Monroe County, Wesley, J.

Present — Callahan, J.P., Denman, Green, Pine and Davis, JJ.


Determination unanimously confirmed and petition dismissed without costs. Memorandum: On this record, there was substantial evidence that petitioner wrongfully appropriated the property of the Christmas Bureau of Rochester to himself and to third parties who were not intended recipients of the property. We do not find the penalty of demotion in rank to be "`"so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness"'" (Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233).


Summaries of

Schmidt v. Ryan

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1987
133 A.D.2d 536 (N.Y. App. Div. 1987)
Case details for

Schmidt v. Ryan

Case Details

Full title:PAUL B. SCHMIDT, Petitioner, v. THOMAS P. RYAN, JR., as Mayor of the City…

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

Date published: Sep 30, 1987

Citations

133 A.D.2d 536 (N.Y. App. Div. 1987)