Picconi v. Lowery
| Decision Date | 06 October 1970 |
| Citation | 314 N.Y.S.2d 606,35 A.D.2d 693 |
| Parties | Application of Lino PICCONI, Petitioner-Respondent, for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, v. Robert O. LOWERY, as Fire Commissioner of the City of New York, Respondent- Appellant. |
| Court | New York Supreme Court — Appellate Division |
L. G. Knopping, New York City, for petitioner-respondent.
L. Koerner, New York City, for respondent-appellant.
Before EAGER, J.P., and CAPOZZOLI, McGIVERN and MARKEWICH, JJ.
Judgment (Rosenberg, J.) entered December 10, 1969 remanding these proceedings to respondent Fire Commissioner for further consideration, consistent with the decision of Special Term, unanimously modified on the law and in the exercise of discretion, to the extent of reducing the punishment imposed by said Commissioner from dismissal to suspension for a period of six months. As so modified the judgment is affirmed without costs and without disbursements.
The Commissioner's finding that petitioner was guilty of the charges herein is supported by the record. However, the punishment imposed was excessive when viewed in the light of petitioner's prior unblemished service record and the nature of the charges. (Matter of Bovino v. Scott, 22 N.Y.2d 214, 292 N.Y.S.2d 408, 239 N.E.2d 345.)
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