Rutkunas v. Stout
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of Correra v. Millwood Fire Dist. (Appellate Division of the Supreme Court of New York 2025)
- Matter of Phelps v. State of New York - Unified Ct. Sys. (Appellate Division of the Supreme Court of New York 2022)
- Matter of Cupo v. Uniondale Fire Dist. (Appellate Division of the Supreme Court of New York 2020)
- Matter of Owens v. County of Dutchess (Appellate Division of the Supreme Court of New York 2018)
- Matter of Washington v. Shuldiner (Appellate Division of the Supreme Court of New York 2017)
- Matter of Rytelewski v. Russo (Appellate Division of the Supreme Court of New York 2015)
- Matter of Pasqua v. Village of Mamaroneck Fire Dept. (Appellate Division of the Supreme Court of New York 2014)
- Smith v. Tuckahoe Housing Authority (Appellate Division of the Supreme Court of New York 2013)
- Smith v. Tuckahoe Housing Authority (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)
- Harris v. Israel (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)
- Barthel v. Town of Huntington (Appellate Division of the Supreme Court of New York 2012)
- Coleman v. Town of Eastchester (Appellate Division of the Supreme Court of New York 2010)
- Bellamy v. Hernandez (Appellate Division of the Supreme Court of New York 2010)
- R.I., Inc. v. New York State Department of Labor (Appellate Division of the Supreme Court of New York 2010)
- Levi v. Lauro (Appellate Division of the Supreme Court of New York 2009)
- Kurot v. East Rock-Away Fire Department (Appellate Division of the Supreme Court of New York 2009)
- Ruggiero v. McGrane (Appellate Division of the Supreme Court of New York 2009)
- Wilson v. Town of Minerva Town Board (Appellate Division of the Supreme Court of New York 2009)
- MATTER OF ELLIS v. Mahon (N.Y. 2008)
- Torrance v. Stout (N.Y. 2008)
- Cianciulli v. Village of Bronxville Board of Police Commissioners (Appellate Division of the Supreme Court of New York 2008)
- Venditti v. New York State Department of Environmental Conservation (Appellate Division of the Supreme Court of New York 2008)
- Kaufman v. Wells (Appellate Division of the Supreme Court of New York 2008)
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 judgment of the Appellate Division should be modified, with costs to appellants-respondents, by dismissing the petition in its entirety and, as so modified, affirmed.
Petitioner’s conduct jeopardized the health and safety of his coworkers and of the public patrons of the facility at which he worked. Accordingly, “ ‘we cannot conclude that the penalty of dismissal imposed . . . shocks the judicial conscience’ ” as a matter of law (Matter of Will v Frontier Cent. School Dist. Bd. of Educ., 97 NY2d 690, 691 [2002], quoting Matter of Kelly v Safir, 96 NY2d 32, 39-40 [2001]; see also Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale &
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 modified, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.