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Richichi v. Galligan

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1988
136 A.D.2d 616 (N.Y. App. Div. 1988)

Opinion

January 19, 1988


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

We find substantial evidence in the record to support the determination of the respondent finding the petitioner guilty of insubordination and related charges (see, CPLR 7803; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230, 231). A police force is a quasi-military organization demanding strict discipline (Matter of De Bois v Rozzi, 114 A.D.2d 848) and much deference is to be accorded the internal discipline of, and the penalties imposed upon, its members (see, Matter of Meyer v Rozzi, 108 A.D.2d 859).

The petitioner's showing of disrespect to his superior officer cannot be sanctioned since such behavior poses a serious threat to the discipline and the efficiency of the agency's operation. Under the circumstances, the sanction of demotion in rank is not disproportionate to the offense (see, Matter of Wahl v Lehman, 67 A.D.2d 930). Mollen, P.J., Thompson, Rubin and Spatt, JJ., concur.


Summaries of

Richichi v. Galligan

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1988
136 A.D.2d 616 (N.Y. App. Div. 1988)
Case details for

Richichi v. Galligan

Case Details

Full title:EUGENE RICHICHI, Petitioner, v. MATTHEW GALLIGAN, as City Manager of the…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 19, 1988

Citations

136 A.D.2d 616 (N.Y. App. Div. 1988)

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