MATTER OF COLLINS v. JACOBSON


247 A.D.2d 269 (1998)

667 N.Y.S.2d 903

In the Matter of James Collins, Petitioner, v. Michael P. Jacobson, as Correction Commissioner of The City of New York, et al., Respondents

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

February 17, 1998


Respondent's determination that petitioner intentionally brought dangerous contraband into a facility is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444). Particularly since petitioner's misconduct endangered the safety of others, the penalty of dismissal for this single incident does not shock our sense of fairness (see, Matter of Keith v New York State Thruway Auth.

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