Scranton Volunteer Fire Co. v. Ball

Judgment unanimously reversed on the law and facts and petition dismissed, without costs. Memorandum: In this article 78 proceeding Special Term has annulled the punishment imposed by the New York State Bingo Commission for petitioner’s violations of section 495 of the General Municipal Law. Such judicial disturbance of a penalty meted out by an administrative agency is warranted only when the punishment “ is so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness.” (Matter of Stolz v. Board of Regents, 4 A D 2d 361, 364; Matter…