Ridings v. Vaccarello

Decision Date20 December 1976
Citation390 N.Y.S.2d 152,55 A.D.2d 650
PartiesIn the Matter of Alan M. RIDINGS, Petitioner, v. Anthony T. VACCARELLO, as Commissioner of Sanitation, Department of Sanitation, Environmental Protection Administration, Respondent.
CourtNew York Supreme Court — Appellate Division

Trippe & Vaughan, Brooklyn (John J. D'Emic, Brooklyn, of counsel), for petitioner.

W. Bernard Richland, Corp. Counsel, New York City (Susan L. Bloom and L. Kevin Sheridan, New York City, of counsel), for respondent.

Before HOPKINS, Acting P.J., and MARTUSCELLO, DAMIANI and SUOZZI, JJ.

MEMORANDUM BY THE COURT.

Proceeding pursuant to CPLR article 78 to review respondent's determination, dated February 7, 1976 and made after a hearing, which dismissed petitioner from his position as a sanitation man.

Petition granted and determination annulled, on the law, without costs or disbursements, and charges dismissed.

On November 3, 1975 Foreman Santora was punched and beaten by Sanitation Man Mayer. The petitioner, Sanitation Man Ridings, was charged with aiding and abetting Mayer in the assault and with failing to come to the aid of Santora. After a hearing, the petitioner was dismissed from his employment. In our opinion, the determination of the respondent Commissioner is not supported by substantial evidence (see CPLR 7803, subd. 4).

Petitioner has a perfect, blemish-free record of employment for the five years he has been a sanitation man. Respondent has drawn the inference most unfavorab to petitioner from circumstances which appear to be wholly innocuous. Respondent's main point is that petitioner 'lured' Santora into the section room in order to facilitate the attack upon him by Sanitation Man Mayer. In fact, all petitioner did was to suggest that Santora speak to Mayer if he intended to replace Mayer on the day's run. Petitioner's testimony, supported by that of Sanitation Man Bentivegna, was that he knew Mayer was going to be replaced for the day. Thus, he had reason to suggest that Santora enter the section room to talk to Mayer. Additionally, Superintendent Wietzychowski instructed Santora to send Mayer up to speak to him if he was going to be replaced for the day. Thus, even without petitioner's suggestion, Santora was going to speak to Mayer. Moreover, if Mayer was going to be replaced, Santora had to see Mayer and send him to the sick line. Furthermore, the section room was also Santora's office, and he would have entered it even without petitioner's suggestion.

Petitioner gave a valid and logical explanation for his presence in the section room during the attack. Before Santora entered the room, petitioner returned there to retrieve his gloves from his locker, as they were too dirty to carry on his person until necessary. Petitioner was in the room before Santora entered, and therefore...

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7 cases
  • Haug v. State Univ. of N.Y. at Potsdam
    • United States
    • New York Supreme Court — Appellate Division
    • April 6, 2017
    ..."froze up" should have caused petitioner to question her apparent willingness to engage in sex (see e.g. Matter of Ridings v. Vaccarello, 55 A.D.2d 650, 651, 390 N.Y.S.2d 152 [1976] ). The complainant's subsequent report of a sexual assault—in which she declined to give any details of the i......
  • Cohen v. Varig Airlines (S.A. Empresa de Viacao Aerea Rio Grandense)
    • United States
    • New York Supreme Court — Appellate Division
    • May 2, 1978
    ...v. Spencer, 5 A.D.2d 400, 171 N.Y.S.2d 770, aff'd 5 N.Y.2d 958, 184 N.Y.S.2d 835, 157 N.E.2d 713)" (Ridings v. Vaccarello, 55 A.D.2d 650, 651, 390 N.Y.S.2d 152, 153 (2nd Dept. 1976)). As noted in Nieskes & Craig, Inc. v. Schoonerman, 40 A.D.2d 931, 932, 337 N.Y.S.2d 750, 752 (4th Dept. "Cir......
  • Cappellini v. McCabe Powers Body Co.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 11, 1983
    ...where the inference sought to be drawn from that evidence "is the only one that is fair and reasonable." Ridings v. Vaccarello, 55 A.D.2d 650, 651, 390 N.Y.S.2d 152, 154 (2d Dep't 1976); Boyce Motor Lines v. State, 280 A.D. 693, 117 N.Y.S.2d 289, 291 (3d Dep't 1952), aff'd, 306 N.Y. 801, 11......
  • Palmier v. U.S. Fidelity and Guar. Co.
    • United States
    • New York Supreme Court — Appellate Division
    • December 30, 1987
    ...evidence submitted on this issue was insufficient to support the requisite inference to that effect (see, Matter of Ridings v. Vaccarello, 55 A.D.2d 650, 651, 390 N.Y.S.2d 152). Order and judgment affirmed, without MAIN, CASEY, WEISS and LEVINE, JJ., concur. ...
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