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MATTER OF JACKSON v. KERIK

295 A.D.2d 193 (2002)

743 N.Y.S.2d 493

In the Matter of TROY JACKSON, Respondent, v. BERNARD B. KERIK, as Police Commissioner of the City of New York, et al., Appellants.

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

Decided June 18, 2002.

Judicial review of an administrative penalty is limited to examining whether the penalty imposed constitutes an abuse of discretion as a matter of law (Matter of Featherstone v Franco, 95 N.Y.2d 550, 554). An administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness (Matter of Kelly v Safir, 96 N.Y.2d 32, 38). A determination...

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