Appellate Division of the Supreme Court of New York, 2003

Mann v. Town of Monroe

Appellate Division of the Supreme Court of New York · Decided December 8, 2003

2 A.D.3d 527; 767 N.Y.S.2d 924

Cases that cite this one

8 later published cases cite this decision.

Maher v. Cade (Appellate Division of the Supreme Court of New York 2005)
Martin v. Board of Trustees (Appellate Division of the Supreme Court of New York 2011)
Roth v. Manhasset Union Free School District (Appellate Division of the Supreme Court of New York 2009)
Smith v. Carter (Appellate Division of the Supreme Court of New York 2009)
Thomas v. County of Rockland (Appellate Division of the Supreme Court of New York 2008)
Gustafson v. Town of North Castle (Appellate Division of the Supreme Court of New York 2007)
DeStefano v. Board of Cooperative Educational Services (Appellate Division of the Supreme Court of New York 2006)
Duda v. Board of Education of Uniondale Union Free School District (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Proceeding pursuant to CFLR article 78 to review a determination of the Town of Monroe dated June 14, 2002, which adopted the recommendation of a Hearing Officer, made after a hearing, finding the petitioner guilty of charges of misconduct, and terminated his employment as a mechanic for the Town of Monroe Highway Department.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

*528The review of administrative determinations in employee disciplinary cases made as a result of a hearing required by Civil Service Law § 75 is limited to a consideration of whether the determination is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]). Here, the determination is supported by substantial evidence. In addition, the penalty of termination imposed as a result of the administrative hearing does not shock the conscience of the Court (see Matter of Pell v Board of Educ., 34 NY2d 222 [1974]). Ritter, J.P., Florio, Friedmann and H. Miller, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.