Moccio v. State
| Decision Date | 10 January 1994 |
| Citation | 606 N.Y.S.2d 300,200 A.D.2d 574 |
| Parties | In the Matter of Stephen MOCCIO, Petitioner, v. STATE of New York, etc., et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Stephens, Buderwitz, Baroni, Reilly & Lewis, White Plains (Gerald D. Reilly, of counsel), for petitioner.
Michael Colodner, New York City (John Eiseman and Kenneth Falk, of counsel), for respondents.
Before BRACKEN, J.P., and SULLIVAN, MILLER and LAWRENCE, JJ.
MEMORANDUM BY THE COURT.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Office of Court Administration, dated June 2, 1992, which adopted the recommendation of a hearing officer, made after a hearing, finding the petitioner guilty of certain disciplinary charges, and thereupon dismissed him from his position as a Senior Court Officer.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The determination that the petitioner was not at his assigned post on more than one occasion, that he carried an unregistered automatic weapon, and that he was insubordinate is supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183). The penalty imposed, dismissal, is not so disproportionate to these offenses as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 356 N.Y.S.2d 833, 313 N.E.2d 321).
We have examined petitioner's remaining contentions and find them to be without merit.
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Moccio v. New York State Office of Court Admin.
...the action was transferred to the Appellate Division, which dismissed the petition and upheld Moccio's termination. Moccio v. State, 200 A.D.2d 574, 606 N.Y.S.2d 300 (2d Dep't 1994); see also Giakoumelos v. Coughlin, 88 F.3d 56, 57 (2d Cir.1996) (case transferred to Appellate Division becau......
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Crosland v. City of New York
...petition, finding that there was substantial evidence to support the decision of the administrative judge. See Moccio v. State, 200 A.D.2d 574, 606 N.Y.S.2d 300 (2d Dep't 1994). Moccio then filed a section 1983 suit in federal court, alleging race discrimination and violations of the Equal ......
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James v. Carter
...penalty of dismissal was not so disproportionate to the offenses as to shock one's sense of fairness (see, Matter of Moccio v. State of New York, 200 A.D.2d 574, 606 N.Y.S.2d 300; Matter of Lawrence v. Weinstein, supra ...
- Eugene S., Matter of