New York Court of Appeals, 2005

Waldren v. Town of Islip

New York Court of Appeals · Decided December 20, 2005

6 N.Y.3d 735; 843 N.E.2d 1148; 810 N.Y.S.2d 408; 2005 N.Y. LEXIS 3394

Cases that cite this one

34 later published cases cite this decision. The 25 that cite it most often are listed here.

Capone v. Patchogue-Medford Union Free School District (Appellate Division of the Supreme Court of New York 2007)
Harper v. W.E. Rest., Inc. (Appellate Division of the Supreme Court of New York 2007)
Matter of Stanz v. State of N.Y. Dept. of Motor Vehicles (Appellate Division of the Supreme Court of New York 2025)
Matter of Nicoletti v. New York City Dept. of Educ. (Appellate Division of the Supreme Court of New York 2025)
Matter of Scott v. Westchester County (Appellate Division of the Supreme Court of New York 2022)
Matter of Tevlin v. Board of Educ. of Great Neck Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2021)
Matter of Sullivan v. County of Rockland (Appellate Division of the Supreme Court of New York 2021)
Matter of Hernandez v. Port Wash. Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2021)
Matter of Sekul v. City of Poughkeepsie (Appellate Division of the Supreme Court of New York 2021)
Matter of Cupo v. Uniondale Fire Dist. (Appellate Division of the Supreme Court of New York 2020)
Matter of Anderson v. Board of Educ. of the Oyster Bay-East Norwich Cent. Sch. Dist. (Appellate Division of the Supreme Court of New York 2020)
Matter of Thomas v. Town of Southeast, N.Y. (Appellate Division of the Supreme Court of New York 2019)
Matter of Harris v. City of Poughkeepsie (Appellate Division of the Supreme Court of New York 2018)
Matter of Buccieri v. County of Westchester (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 Harper v. New York State Cent. Register of Child Abuse & Maltreatment (Appellate Division of the Supreme Court of New York 2016)
Matter of Abdelal v. Kelly (Appellate Division of the Supreme Court of New York 2016)
Matter of Sassi v. City of Beacon (Appellate Division of the Supreme Court of New York 2016)
Matter of Murphy v. Baldwin Union Free Sch. Dist. (Appellate Division of the Supreme Court of New York 2015)
Matter of Argenti v. Town of Riverhead (Appellate Division of the Supreme Court of New York 2015)
Alarcon v. Board of Education of South Orangetown Central School District (Appellate Division of the Supreme Court of New York 2014)
City of New York v. Organization of Staff Analysts (Appellate Division of the Supreme Court of New York 2013)
City of New York v. Organization of Staff Analysts (Appellate Division of the Supreme Court of New York 2013)
Rabidou v. County of Dutchess (Appellate Division of the Supreme Court of New York 2012)
Barthel v. Town of Huntington (Appellate Division of the Supreme Court of New York 2012)

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

Memorandum.

The order of the Appellate Division should be reversed, with costs, to the extent that it annulled so much of the Town’s determination as imposed a penalty and remitted for imposition of a less severe penalty, and the petition dismissed.

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. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester *737County, 34 NY2d 222, 237 [1974]). Under the circumstances of this case, it cannot be concluded that the penalty of termination imposed by the Commissioner 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 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, with costs, and petition dismissed, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.