Legal Opinion

MATTER OF TURNER v. Simpson

New York Court of Appeals

Decided November 29, 1983PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In this article 78 proceeding, appellant seeks to set aside a determination made by respondent pursuant to section 75 of the Civil Service Law, terminating appellant’s employment by the New York City Transit Authority. Respondent’s findings of misconduct and incompetence are supported by substantial evidence in the hearing record and, particularly in view of appellant’s extensive prior disciplinary record, the penalty imposed is not so disproportionate as to be shocking to one’s sense of…

2Cases cited4 opinions

  1. Simpson v. WolanskyNew York Court of Appeals · 1975
  2. Matter of Weber v. Town of CheektowagaNew York Court of Appeals · 1940
  3. Ramsey v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1975
  4. Ramsey v. New York City Transit AuthorityNew York Court of Appeals · 1976

3Cited by8 opinions

  1. Morris v. CalderoneAppellate Division of the Supreme Court of the State of New York · 2008
  2. Gellman v. GunnAppellate Division of the Supreme Court of the State of New York · 1988
  3. Payton v. City University of New YorkDistrict Court, S.D. New York · 2006
  4. Dougherty v. DegenhartAppellate Division of the Supreme Court of the State of New York · 1989
  5. McCoy v. GunnAppellate Division of the Supreme Court of the State of New York · 1989

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