Legal Opinion

Desai v. Cimono

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

Decided December 11, 1978Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner-Medical Director of the Westchester County Medical Center, dated August 10, 1977, which, after a hearing, found petitioner guilty of certain misconduct and dismissed him from his position. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. In view of the evidence adduced against the petitioner, the punishment was not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Ebner v Board of Educ., 42 NY2d 938, revg 51…

2Cases cited2 opinions

  1. Ahsaf v. NyquistNew York Court of Appeals · 1975
  2. Ebner v. Board of Education of East Williston Union Free School District No. 2Appellate Division of the Supreme Court of the State of New York · 1976

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