Opinion
January 19, 1976
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Authority, dated March 11, 1975 and made after a hearing, which removed petitioner as Chief of the Transit Authority Police of the New York City Transit Authority, he appeals from a judgment of the Supreme Court, Kings County, dated May 28, 1975, which (1) granted the cross motion of respondent Metropolitan Transportation Authority to dismiss the complaint as against it, (2) denied the application and (3) dismissed the petition. Judgment affirmed, without costs. Under the facts of this case, we conclude that the punishment of dismissal was not so disproportionate to the offenses charged, and admitted by petitioner, as to be shocking to one's sense of fairness (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Mamaroneck Scarsdale, 34 N.Y.2d 222, 235; see, also, Matter of Kutchera v New York City Tr. Auth., 37 N.Y.2d 732; Matter of Lederman v New York City Tr. Auth., 35 A.D.2d 996, mot for lv to app den 28 N.Y.2d 489, mot for lv to reargue den 29 N.Y.2d 749, cert den 405 U.S. 995; Matter of Alfieri v Murphy, 47 A.D.2d 820). We have considered the other contentions raised by petitioner and found them to be without merit. Hopkins, Acting P.J., Latham, Margett, Christ and Shapiro, JJ., concur.