Legal Opinion
Donofrio v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1988PublishedCited by 8 opinions
1Opinion of the Court
Judgment insofar as appealed from vacated on the law, determination unanimously confirmed, and petition dismissed without costs. Memorandum: In this CPLR article 78 proceeding brought to review the determination of the Commissioner of Public Safety and the Chief of Police to discharge petitioner from his position as a police officer, Special Term had no authority to pass upon the propriety of the penalty imposed. Where, as here, the issue is raised whether the determination was supported by substan*1028tial evidence, the proceeding must be referred to the Appellate Division and Special Term may…
2Cases cited2 opinions
- Richichi v. GalliganAppellate Division of the Supreme Court of the State of New York · 1988
- De Bois v. RozziAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by8 opinions
- Hoch v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2003
- Perry v. Municipal Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 1993
- Castro v. SafirAppellate Division of the Supreme Court of the State of New York · 2000
- Rotolo v. City of North TonawandaAppellate Division of the Supreme Court of the State of New York · 1998
- Dewey v. PowleyAppellate Division of the Supreme Court of the State of New York · 1999
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