Legal Opinion
Suitor v. Keller
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1998PublishedCited by 6 opinions
1Opinion of the Court
—Determination unanimously modified in the exercise of discretion and as modified confirmed without costs in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul a determination of misconduct and to vacate his termination from employment as a Town of Niagara police officer. We reject his contention that preponderance of the evidence is the evidentiary standard for our review of the determination in a Civil Service Law § 75 proceeding. That standard applies when the penalty of dismissal is accompanied by some added stigma (see, e.g.,…
2Cases cited5 opinions
- MATTER OF LEE TT. v. DowlingNew York Court of Appeals · 1996
- MATTER OF MILLER v. DeBuonoNew York Court of Appeals · 1997
- St. Jacques v. City of New YorkNew York Court of Appeals · 1996
- Malloch v. Ballston Spa Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
- Putorti v. SafirAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
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- Murray v. Ilion Water CommissionAppellate Division of the Supreme Court of the State of New York · 2004
- Brown v. MurphyAppellate Division of the Supreme Court of the State of New York · 2000
- Scahill v. Greece Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
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