TAGLIAMONTI v. AXELROD


110 A.D.2d 834 (1985)

Joseph Tagliamonti, Petitioner, v. David Axelrod, as Commissioner of The New York State Department of Health, Respondent

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

April 22, 1985


Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

Petitioner conceded that the determination that he did not adequately carry out his responsibilities as laboratory director was supported by substantial evidence. In view of the potential danger to the public arising from petitioner's nonfeasance, the penalty imposed was not so disproportionate to the offenses as to be shocking to one's sense of fairness (see,

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