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MATTER OF HUTCHINSON v. LLOYD

216 A.D.2d 3 (1995)

627 N.Y.S.2d 46

In the Matter of James Hutchinson, Petitioner, v. Emily Lloyd, as Sanitation Commissioner of The City of New York, et al., Respondents

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

June 1, 1995

In the circumstances, we find the penalty of termination for an altercation with a civilian to be 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). The record reflects that the incident was precipitated by the conduct of the complaining civilian. We further note the presence of the complainant's cousin...

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