Mapp v. Burnham
Cases that cite this one
10 later published cases cite this decision.
- Wilson v. Town of Minerva Town Board (Appellate Division of the Supreme Court of New York 2009)
- 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 Cupo v. Uniondale Fire Dist. (Appellate Division of the Supreme Court of New York 2020)
- Weisshaus v. Port Authority (New York Supreme Court 2015)
- Gibson v. Board of Education (Appellate Division of the Supreme Court of New York 2012)
- Gibson v. Board of Education (Appellate Division of the Supreme Court of New York 2012)
- Guynup v. County of Clinton (Appellate Division of the Supreme Court of New York 2011)
- Covert v. Schuyler County (Appellate Division of the Supreme Court of New York 2010)
- Sindoni v. County of Tioga (Appellate Division of the Supreme Court of New York 2009)
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
OPINION OF THE COURT
Memorandum.
The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and the petition dismissed. The determination of respondent Port Authority of New York and New Jersey (the PA) terminating petitioner’s employment is supported by substantial evidence (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 230 [1974]). Evidence in the record supports the finding that petitioner misled the American Red Cross concerning his employment status and obtained financial assistance under false pretenses. Moreover, in light of petitioner’s misconduct, “we cannot conclude that the penalty of dismissal imposed . . . shocks the judicial conscience” (Matter of Rutkunas v Stout, 8 NY3d 897, 898 [2007] [internal citations and quotation marks omitted]; see Matter of Scahill v Greece Cent. School Dist., 2 NY3d 754, 756 [2004]; Matter of Pell, 34 NY2d at 233).
Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), judgment appealed from and order of the Appellate Division brought up for review reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.