Majority
p. 639In the Matter of Hugh Best, Petitioner, v. William J. Ronan, as Chairman of the New York City Transit Authority, Respondent.
Determinar tian Of' the .respondent dated '.January 7, 1970, unanimously, modified, on-.thé law, and in the exercise of discretion,- to the extent of substituting for a dismissal of-petitioner, .'a suspensión without pay, for a'-period commencing from the date of-dismissal to' six -months from the date of the entry -of thé order
p. 640
■ -hereon and, as so modified, confirmed, without costs.and without disbursements. .The dismissal of .petitioner and forfeiture of his accrued- pension rights constitute unreasonably harsh and excessive sanctions. We do not. condone-petitioner's- conduct in the handling of fáres which supports' the. inference and ' 'finding-that; during an 18-day period of observation, he misappropriated bus fares, albeit in minimal amounts.' Nevertheless, .petitioner’s outstanding service of -21. years as a bus driver for the Authority, without any prior charges or •complaints,. indicates that the'.permissible aims , of discipline' can be . achieved effectively by less severe puriislnnent. In the circumstances, and considering his prior'-.long .satisfactory service, we conclude that -the punishment of dismissal of this'50-year-old man, father of five, and the forfeiture of his'.pension rights, was excessive .' and unduly disproportionate to the offense. Suspension for a .period of more 'than' three and one-half years will satisfy the ends of ■justice. Our courts.; have heretofore exercised the power to revoke determibations of.dismissal of employees with records of .prior good-service.and substituted suspensions, (Matter of Smith v. Murphy,US A D' 2d 931; Matier- 'of Tcmnenhols v; Waterfront Comm. .of'N., Y.' Harbor, 36 A D -2d 930 , áffd. 30. 1 N Y 2d 668 ; -Matter of Mitthmier v. Patterson, 8 A D 2d. 953 , affd. 8 N Y 2d •37.) " Concur- — MeGiyern, J. P., Markewich, Nunez, Lane and Steuer, jj.'
Cases cited
- Maloff v. Board of Education 1 N Y 2d 668 p. 640