Legal Opinion

Dattolo v. Buckman

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

Decided June 22, 1970Published

1Opinion of the Court

In a proceeding pursuant to article 78 of the CPLR to annul respondent’s determination, dated June 30, 1969, which demoted petitioner from his position of Staff Attendant to that of Attendant, in the employ of Kings Park State Hospital, determination confirmed and proceeding dismissed on the merits, without costs. In our opinion, the determination is supported by substantial evidence (Matter of Stork Best. v. Boland, 282 N. Y. 256; Matter of Miller v. Kling, 291 N. Y. 65). Nor is the measure of discipline imposed too severe in the circumstances (cf. Matter of Corgel v. Loos, 286 App. Div.…

2Cases cited3 opinions

  1. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
  2. Matter of Miller v. KlingNew York Court of Appeals · 1943
  3. Corgel v. LoosAppellate Division of the Supreme Court of the State of New York · 1955

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