Matter of Barrett

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentSep 25, 1978
64 A.D.2d 982 (N.Y. App. Div. 1978)

September 25, 1978

Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Police Commissioner of the City of New Rochelle, which, after a hearing, (1) found petitioner guilty of certain misconduct and (2) suspended him without pay for a period of 30 days. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. At the hearing, substantial evidence was presented from which the police commissioner could conclude that petitioner had failed to detect a forced entry into a commercial building and thereby violated the police department rules and regulations. Under these circumstances, we do not believe that the punishment imposed was shocking to one's sense of fairness. (See Matter of Pell v Board of Educ., 34 N.Y.2d 222; Matter of McDermott v Murphy, 15 A.D.2d 479, affd 12 N.Y.2d 780.) Hopkins, J.P., Martuscello, Rabin and Margett, JJ., concur.

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