Aston v. Rydzynski

Where, as here, the penalty is challenged as arbitrary and capricious, the question is whether it is “ ‘so disproportionate to the offense as to be shocking to one’s sense of fairness’ ” (Matter of Gibides v Powers, 45 NY2d 994, 996, quoting Matter of Pell v Board of Educ., 34 NY2d 222, 237). The record shows that 11 charges of misconduct were preferred against petitioner; eight were upheld after a hearing, including charges of filing a false report and being absent from duty without authorization. We cannot say on this record that the penalty of dismissal was improper. We agree with…