Rodriguez v. City of New York

Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered January 29, 2009, which denied the petition to invalidate termination of employment and for immediate reinstatement, unanimously affirmed, without costs.

Judicial review of an administrative agency’s penalty is limited to consideration of whether the measure or mode of dis*513cipline imposed constituted an abuse of discretion as a matter of law. The penalty must be upheld unless it is so disproportionate to the offense, in light of all of the circumstances, as to be shocking to one’s sense of fairness (Matter of Kelly v Safir,…