MATTER OF KANE v. NEW YORK CITY TRANSIT AUTH.


22 A.D.2d 947 (1964)

In the Matter of Francis Kane, Petitioner, v. New York City Transit Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 31, 1964


Determination modified in the exercise of discretion, by striking out the penalty of dismissal and by substituting therefor the penalty of suspension for a period of six months commencing as of June 24, 1964. As so modified, the determination is confirmed, without costs.

Under all the circumstances, we find that the penalty of dismissal imposed by the Transit Authority was excessive and an abuse of discretion, and that the penalty of a six-month suspension...

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