Legal Opinion

Matter of Webb v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 2016No. 1355 654123/13PublishedCited by 3 opinions

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Frank R Ñervo, J.), entered September 10, 2014, which, insofar as appealed from as limited by the briefs, denied the petition seeking to vacate the penalty of termination imposed on petitioner after an arbitration hearing, and dismissed the proceeding brought pursuant to CPLR article 75, unanimously affirmed, without costs.

A court must uphold a sanction imposed unless it is so disproportionate to the offense that it shocks the conscience and therefore, constitutes an abuse of discretion (see Matter of Featherstone v Franco, 95…

2Cases cited1 opinion

  1. Featherstone v. FrancoNew York Court of Appeals · 2000

3Cited by3 opinions

  1. Broad v. New York City Board/Department of EducationAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Geist v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Levy-Napoli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017

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