Majority
p. 991In the Matter of William V. Ruggio, Petitioner, v Terrence M. Hammill, as Mayor of the City of Oswego, et al., Respondents. [616 NYS2d 842]
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: We conclude that respondents’ determination is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 NY2d 436 , 443-444; 300 Gramatan Ave. Assocs. v State Div. of
p. 992
Human Rights, 45 NY2d 176 , 179-180; Matter of Rine v City of Sherrill, 195 AD2d 961 , lv denied 82 NY2d 660 ; Matter of Perry v Municipal Civ. Serv. Commn., 191 AD2d 971 , lv denied 82 NY2d 653 ). Because petitioner was found guilty of charges involving deceitful actions that had a negative impact upon the integrity of the police department, the punishment of dismissal is not so disproportionate as to be shocking to one’s sense of fairness (see, Matter of Alfieri v Murphy, 38 NY2d 976 , 977; Matter of Rine v City of Sherrill, supra; Matter of Perry v Municipal Civ. Serv. Commn., supra). (Article 78 Proceeding Transferred by Order of Supreme Court, Oswego County, Nicholson, J.) Present—Green, J. P., Balio, Wesley, Callahan and Boehm, JJ.
Cases cited
- Berenhaus v. Ward 70 NY2d 436 at 443-444 p. 991
- 300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 at 179-180 p. 992
- Alfieri v. Murphy 38 NY2d 976 at 977 p. 992