In the Matter of Waldren v. Town of Islip
| Decision Date | 20 December 2005 |
| Citation | 843 N.E.2d 1148,6 N.Y.3d 735 |
| Parties | In the Matter of Gary WALDREN, Respondent, v. TOWN OF ISLIP, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
MEMORANDUM.
The order of the Appellate Division should be reversed, with costs, to the extent that it annulled so much of the Town's determination as imposed a penalty and remitted for imposition of a less severe penalty, and the petition dismissed.
An administrative penalty must be upheld unless it "is so disproportionate to the offense as to be shocking to one's sense of fairness," thus constituting an abuse of discretion as a matter of law (Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 233, 356 N.Y.S.2d 833, 313 N.E.2d 321 (1974)). Under the circumstances of this case, it cannot be concluded that the penalty of...
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F. SCOPE OF REVIEW
...732, 734 (1980).[147] . Pell v. Bd. of Educ., 34 N.Y.2d 222, 233, 356 N.Y.S.2d 833, 841 (1974); see, e.g., Waldren v. Town of Islip, 6 N.Y.3d 735, 810 N.Y.S.2d 408 (2005). The Pell test is a rigorous test which binds the Appellate Division as well. See Featherstone v. Franco, 95 N.Y.2d 550,......