Appellate Division of the Supreme Court of New York, 1985

Michailides v. Schembri

Michailides v. Schembri
Appellate Division of the Supreme Court of New York · Decided July 8, 1985
112 A.D.2d 235; 491 N.Y.S.2d 451; 1985 N.Y. App. Div. LEXIS 55980
Michailides v. Schembri

Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of respondent Frank J. Culross, City Manager of City of Rye, dated June 27, 1983 and made after a hearing, which found petitioner guilty of certain charges and dismissed him from his position as a police officer.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

There is substantial evidence to support the determination of respondent Culross made after a hearing which was fairly conducted. The record indicates that petitioner committed acts which were prejudicial to the good order, efficiency and discipline of the police department. Thus, petitioner’s dismissal *236was not so disproportionate to his offenses as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 234, 237). Bracken, J. P., O’Connor, Rubin and Lawrence, JJ., concur.

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