Legal Opinion
Rutkunas v. Stout
New York Court of Appeals
Decided March 27, 2007PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment of the Appellate Division should be modified, with costs to appellants-respondents, by dismissing the petition in its entirety and, as so modified, affirmed.
Petitioner’s conduct jeopardized the health and safety of his coworkers and of the public patrons of the facility at which he worked. Accordingly, “ ‘we cannot conclude that the penalty of dismissal imposed . . . shocks the judicial conscience’ ” as a matter of law (Matter of Will v Frontier Cent. School Dist. Bd. of Educ., 97 NY2d 690, 691 [2002], quoting Matter of Kelly v Safir, 96 NY2d 32,…
2Cases cited3 opinions
- Kelly v. SafirNew York Court of Appeals · 2001
- Warder v. Board of RegentsNew York Court of Appeals · 1981
- Will v. Frontier Central School District Board of EducationNew York Court of Appeals · 2002
3Cited by27 opinions
- MATTER OF ELLIS v. MahonNew York Court of Appeals · 2008
- R.I., Inc. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 2010
- Torrance v. StoutNew York Court of Appeals · 2008
- Matter of Phelps v. State of New York - Unified Ct. Sys.Appellate Division of the Supreme Court of the State of New York · 2022
- Kurot v. East Rock-Away Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2009
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