Appellate Division of the Supreme Court of New York, 1983

Johnson v. New York City Transit Authority

Johnson v. New York City Transit Authority
Appellate Division of the Supreme Court of New York · Decided October 11, 1983
97 A.D.2d 436; 467 N.Y.S.2d 823; 1983 N.Y. App. Div. LEXIS 20021
Johnson v. New York City Transit Authority

Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of respondent dated October 13, 1982, which dismissed petitioner from his position of car cleaner. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The respondent’s determination that petitioner was guilty of misconduct and incompetence is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Considering petitioner’s past disciplinary record, the penalty imposed was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). We find no merit in petitioner’s other argument. Damiani, J. P., Lazer, Gulotta and Bracken, JJ., concur.

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