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SMITH v. COUNTY OF DUTCHESS

60 A.D.2d 854 (1978)

Donald Smith, Petitioner, v. County of Dutchess et al., Respondents

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

January 9, 1978

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The determination under review is supported by substantial evidence.

We are unable to say that the penalty of dismissal is so disproportionate to the offense as to be shocking to one's sense of fairness (see Matter of Pell v Board of Educ., 34 N.Y.2d 222

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