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MATTER OF IVORY v. CITY OF NEW YORK, DEP'T OF ENVTL. PROT.

125 A.D.2d 217 (1986)

In the Matter of Patrick J. Ivory, Jr., Respondent, v. City of New York, Department of Environmental Protection, Appellant

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

December 11, 1986

The facts as set forth in the dissent are fairly stated. Both Special Term and the dissent view the penalty of termination imposed by the Commissioner to be shocking to the court's sense of fairness. The majority is of the opinion, however, that it cannot interfere with the sanction imposed. Thus, while the penalty may have been severe, especially in light of petitioner's length of service, the test mandated for a reviewing court...

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