Collins v. Jacobson — 247 A.D.2d 269

Majority

p. 269

In the Matter of James Collins, Petitioner, v Michael P. Jacobson, as Correction Commissioner of the City of New York, et al., Respondents.

[667 NYS2d 903]

Determination of respondent Correction Commissioner, dated August 23, 1996, which dismissed petitioner from his position as a correction officer, unanimously confirmed, the petition denied and the proceeding, brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [David Saxe, J.], entered April 14, 1997), dismissed, without costs.

Respondent’s determination that petitioner intentionally brought dangerous contraband into a facility is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 NY2d 436 , 443-444). Particularly since petitioner’s misconduct endangered the safety of others, the penalty of dismissal for this single incident does not shock our sense of fairness (see, Matter of Keith v New York State Thruway Auth., 132 AD2d 785 ; cf., Trotta v Ward, 77 NY2d 827 ; Matter of McFarland v Abate, 203 AD2d 190 ).

Concur — Milonas, J. P., Ellerin, Williams and Tom, JJ.

Cases cited

Berenhaus v. Ward 70 NY2d 436 N.Y. 1987-11-17 at 443-444 p. 269
Keith v. New York State Thruway Authority 132 AD2d 785 N.Y. App. Div. 1987-07-09 p. 269
Trotta v. Ward 77 NY2d 827 N.Y. 1991-01-15 p. 269