Hyperlawhypertext legal database Waldron v. New York City Transit Authority 247 A.D.2d 623

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Waldron v. New York City Transit Authority

247 A.D.2d 623 Court N.Y. App. Div. Decision date 1998-02-23 English

Judges Bracken, J. P., Santucci, Altman and McGinity, JJ., concur.

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Majority

p. 623
In the Matter of Godfrey Waldron, Petitioner, v New York City Transit Authority, Respondent.
[668 NYS2d 491]

Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Transit Authority, dated August 9, 1996, which, after a hearing, found the

p. 624
petitioner guilty of certain disciplinary charges and demoted him from his position as a Yard Dispatcher to a Train Operator.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The respondent’s determination that the petitioner negligently performed his duties as a train dispatcher is supported by substantial evidence. Moreover, the penalty of a two-Civil Service-grade demotion from Yard Dispatcher to Train Operator is not so disproportionate to the offense as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222 , 233; Matter of Smith v Board of Educ., 231 AD2d 528 ).

Bracken, J. P., Santucci, Altman and McGinity, JJ., concur.

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