Hyperlawhypertext legal databasebeta Santarella v. New York City Department of Correction 53 N.Y.2d 948

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Santarella v. New York City Department of Correction

53 N.Y.2d 948 Court N.Y. Decision date 1981-06-02 English

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p. 948
In the Matter of Michael Santarella, Respondent, v New York City Department of Correction et al., Appellants.
Argued April 30, 1981;
decided June 2, 1981
p. 949
APPEARANCES OF COUNSEL
Allen G. Schwartz, Corporation Counsel (Pamela Seider Dolgow and Ronald E. Sternberg of counsel), for appellants.
Henry T. Berger and Kenneth E. Gordon for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the determination of the Commissioner of Correction reinstated.

In view of the consistent pattern of misconduct as found by the hearing officer and confirmed by the Commissioner of Correction, we cannot say that the penalty of dismissal is so disproportionate to petitioner’s offenses as to mandate modification. (Matter of Pell v Board of Educ., 34 NY2d 222 , 233.) It is irrelevant that the necessary aims of discipline in the department could have been achieved by a less severe sanction.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order reversed, etc.

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