Appellate Division of the Supreme Court of New York, 1980

Roberts v. Farbstein

Roberts v. Farbstein
Appellate Division of the Supreme Court of New York · Decided March 17, 1980
74 A.D.2d 874; 426 N.Y.S.2d 1001; 1980 N.Y. App. Div. LEXIS 10658
Roberts v. Farbstein

Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent dated August 18, 1977 and made after a hearing, which found petitioner guilty of certain charges and dismissed him from his civil service position. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The charges were timely brought, and the respondent’s determination is supported by substantial evidence. The punishment imposed was not so disproportionate to the offenses as to be *875shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Damiani, J. P., Gulotta, Margett and Weinstein, JJ., concur.

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