Kreisler v. New York City Transit Authority
Cases that cite this one
66 later published cases cite this decision. The 25 that cite it most often are listed here.
- Gist v. Mulligan (Appellate Division of the Supreme Court of New York 2009)
- Matter of McMaster v. Town of Islip (Appellate Division of the Supreme Court of New York 2025)
- Matter of Tinter v. Board of Trustees of the Pound Ridge Lib. Dist. (Appellate Division of the Supreme Court of New York 2022)
- Failing v. Fiala (Appellate Division of the Supreme Court of New York 2013)
- Failing v. Fiala (Appellate Division of the Supreme Court of New York 2013)
- Kenny v. Commissioner of New York State Department of Motor Vehicles (Appellate Division of the Supreme Court of New York 2013)
- Kenny v. Commissioner of New York State Department of Motor Vehicles (Appellate Division of the Supreme Court of New York 2013)
- Coleman v. Town of Eastchester (Appellate Division of the Supreme Court of New York 2010)
- Thomas v. County of Rockland (Appellate Division of the Supreme Court of New York 2008)
- Lewis v. Lipsman (Appellate Division of the Supreme Court of New York 2008)
- in Matter of Florence Huth v. John Barr (Appellate Division of the Supreme Court of New York 2008)
- Kaufman v. Wells (Appellate Division of the Supreme Court of New York 2008)
- Matter of Dzaferovic v. New York City Dept. of Fin. (New York Supreme Court, New York County 2024)
- Matter of P & I Prop., LLC v. Commissioner, State of N.Y., Div. of Hous. & Community Renewal (DHCR) (New York Supreme Court, New York County 2024)
- Matter of McArthur v. Town of Brookhaven Dept. of Hous. & Human Servs. (Appellate Division of the Supreme Court of New York 2024)
- Matter of Bonilla v. NYS Dept. of Motor Vehs. (Appellate Division of the Supreme Court of New York 2023)
- Matter of Forbes & Assoc., LLC v. Nassau County Dept. of Consumer Affairs (Appellate Division of the Supreme Court of New York 2022)
- Matter of Sullivan v. County of Rockland (Appellate Division of the Supreme Court of New York 2021)
- Matter of Hunt v. New York State Dept. of Motor Vehicles (Appellate Division of the Supreme Court of New York 2019)
- Matter of Clapp v. Fiala (Appellate Division of the Supreme Court of New York 2018)
- Matter of Sadallah v. New York State Dept. of Motor Vehs. (Appellate Division of the Supreme Court of New York 2018)
- Matter of Friedman v. Fiala (Appellate Division of the Supreme Court of New York 2018)
- Matter of Sullivan v. County of Rockland (Appellate Division of the Supreme Court of New York 2017)
- Matter of Mundinger v. Smithtown Cent. Sch. Dist. (Appellate Division of the Supreme Court of New York 2017)
- Matter of Tomczak v. Board of Educ., Eastchester Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2016)
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
OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs.
An administrative penalty must be upheld unless it “is 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 (Matter of Pell v Board of Educ., 34 NY2d 222, 237 [1974] [internal quotation marks omitted]). Under the circumstances of this case, it cannot be concluded, as a matter of law, that the penalty of demotion shocks the judicial conscience. Petitioner’s remaining contentions lack merit.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.