Little v. New York City Transit Authority
| Decision Date | 07 April 1971 |
| Citation | 28 N.Y.2d 719,321 N.Y.S.2d 111 |
| Parties | , 269 N.E.2d 821 Maxcie D. LITTLE, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Second Department, 34 A.D.2d 998, 312 N.Y.S.2d 574.
Eli Ratner, New York City (Stanley Stein, New York City, of counsel), for appellant.
Albert B. Lewis, New York City, and Leon R. Port, Brooklyn, for respondent.
Railroad clerk for the New York City Transit Authority brought a proceeding to annul determination dismissing him from his position. The Appellate Division confirmed the determination while holding that the clerk's discharge, after he was shown to have collected, on three occasions during a period of several weeks, three 20cents cash fares without tendering the subway tokens was not excessive punishment. The clerk, who was 65 years old and who had 26 years service, appealed.
In the Court of Appeals it was argued that dismissal was an extreme and excessive punishment and an abuse of discretion.
Order affirmed, with costs.
All concur.
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