Torrance v. Stout

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.

Petitioner, employed in a supervisory capacity, engaged in the willful and intentional illegal disposition of county property. Accordingly, we cannot conclude that the penalty of demotion to a nonsupervisory position shocks the judicial conscience (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 233-234 [1974]). We reiterate that the…