Appellate Division of the Supreme Court of New York, 1981

Schechter v. Shapiro

Schechter v. Shapiro
Appellate Division of the Supreme Court of New York · Decided March 30, 1981
80 A.D.2d 919; 441 N.Y.S.2d 399; 1981 N.Y. App. Div. LEXIS 10810
Schechter v. Shapiro

Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondents, dated June 14, 1979, which found petitioner guilty of certain misconduct and suspended him for 37 days without pay. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The determination was supported by substantial evidence upon the record as a whole (see 300 Gramatan Ave. Assoc, v State *920Div. of Human Rights, 45 NY2d 176). The penalty imposed was not so disproportionate to the offense as to shock one’s sense of fairness (Matter of Pell v Board of Educ., 34 NY2d 222). Rabin, J. P., Gulotta, Weinstein and Thompson, JJ., concur.

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