Barthel v. Town of Huntington
Opinion of the Court
The standard of review of an administrative determination
Furthermore, the penalty of termination was not so disproportionate to the offense as to be shocking to one’s sense of fairness, thus constituting an abuse of discretion as a matter of law (see Matter of Ellis v Mahon, 11 NY3d 754, 755 [2008]; Matter of Rutkunas v Stout, 8 NY3d 897, 898 [2007]; Matter of Waldren v Town of Islip, 6 NY3d 735, 736-737 [2005]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 233 [1974]).
The petitioner’s remaining contentions are without merit.
Accordingly, we confirm the determination, deny the petition, and dismiss the proceeding on the merits. Rivera, J.P, Eng, Lott and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.