Appellate Division of the Supreme Court of New York, 1959

Mitthauer v. Patterson

Mitthauer v. Patterson
Appellate Division of the Supreme Court of New York · Decided July 14, 1959
8 A.D.2d 953; 190 N.Y.S.2d 431; 1959 N.Y. App. Div. LEXIS 7545
Mitthauer v. Patterson

Opinion of the Court

Proceeding to review a determination of the New York City Transit Authority dismissing the petitioner from her position as railroad clerk transferred to this court for disposition (Civ. Prac. Act, § 1296). Determination modified by reducing the punishment imposed from dismissal to suspension for a period of six months commencing from the close of business on November 13, 1958. As so modified, determination confirmed, without costs. The Authority’s determination finding petitioner guilty of the charge herein is supported by substantial evidence. However, under all the circumstances the punishment imposed was excessive (Civ. Prac. Act, § 1296, subd. 5-a). Murphy, Ughetta and Kleinfeld, JJ., concur; Wenzel, Acting P. J., and Beldoek, J., dissent and vote to confirm without modification.

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