Torrance v. Stout
Cases that cite this one
17 later published cases cite this decision.
- 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 Tinter v. Board of Trustees of the Pound Ridge Lib. Dist. (Appellate Division of the Supreme Court of New York 2022)
- Bocek v. Lauro (Appellate Division of the Supreme Court of New York 2013)
- Bocek v. Lauro (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)
- 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)
- Idahosa v. Farmingdale State College (Appellate Division of the Supreme Court of New York 2012)
- Idahosa v. Farmingdale State College (Appellate Division of the Supreme Court of New York 2012)
- Kurot v. East Rock-Away Fire Department (Appellate Division of the Supreme Court of New York 2009)
- Chiara v. Wells (Appellate Division of the Supreme Court of New York 2009)
- Smith v. Carter (Appellate Division of the Supreme Court of New York 2009)
- MATTER OF ELLIS v. Mahon (N.Y. 2008)
- Torrance v. Stout (Appellate Division of the Supreme Court of New York 2008)
- 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)
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, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.
Petitioner, employed in a supervisory capacity, engaged in the willful and intentional illegal disposition of county property. Accordingly, we cannot conclude that the penalty of demotion to a nonsupervisory position shocks the judicial conscience (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, 233-234 [1974]). We reiterate that the Appellate Division has no discretionary authority or interest of justice jurisdiction in this CPLR article 78 proceeding to review the penalty imposed by respondent Commissioner of the Westchester County Department of Parks, Recreation and Conservation (see Matter of Rutkunas v Stout, 8 NY3d 897, 899 [2007]).
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, insofar as appealed from, reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.