Legal Opinion

Cutelli v. Dilworth

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

Decided February 20, 1979Published

1Opinion of the Court

— Proceeding pursuant to CPLR article 78 to review respondent’s determination, dated April 19, 1978 and made after a hearing, which found petitioner guilty of departmental charges and fined him a total of 30 vacation days. Determination confirmed and proceeding dismissed on the merits, with costs. There is substantial evidence in the record to support the findings, and the punishment imposed is not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). There was no impropriety in the fact that the Deputy Police…

2Cases cited2 opinions

  1. Aiello v. TemperaAppellate Division of the Supreme Court of the State of New York · 1978
  2. Gladstone v. KelleyAppellate Division of the Supreme Court of the State of New York · 1976

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