Legal Opinion

Rutkunas v. Stout

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

Decided July 11, 2006Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Westchester County Department of Parks, Recreation, and Conservation, dated February 18, 2005, which adopted the recommendation of a hearing officer dated February 11, 2005, made after a hearing, finding the petitioner guilty of misconduct and terminating his employment as a Senior Maintenance Mechanic I.

Adjudged that the petition is granted, on the law and in the exercise of discretion, without costs or disbursements, to the extent that so much of the determination as imposed a penalty is…

2Cases cited7 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Kelly v. SafirNew York Court of Appeals · 2001
  3. Lahey v. KellyNew York Court of Appeals · 1987
  4. Schnaars v. Copiague Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  5. Goudy v. SchafferAppellate Division of the Supreme Court of the State of New York · 2005

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