Matter of Santarella v. New York City Dep't of Corr.
New York Court of Appeals
Matter of Santarella v. New York City Dep't of Corr., 53 N.Y.2d 948 (N.Y. 1981)
424 N.E.2d 278; 441 N.Y.S.2d 444; 1981 N.Y. LEXIS 2500
Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur in Memorandum
Matter of Santarella v. New York City Dep't of Corr.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the determination of the Commissioner of Correction reinstated.
In view of the consistent pattern of misconduct as found by the hearing officer and confirmed by the Commissioner of Correction, we cannot say that the penalty of dismissal is so disproportionate to petitioner’s offenses as to mandate modification. (Matter of Pell v Board of Educ., 34 NY2d 222, 233.) It is irrelevant that the necessary aims of discipline in the department could have been achieved by a less severe sanction.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.
Order reversed, etc.
Reference
- Full Case Name
- In the Matter of Michael Santarella, Respondent, v. New York City Department of Correction Et Al., Appellants
- Cited By
- 18 cases
- Status
- Published