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MATTER OF KREISLER v. NEW YORK CITY TRANSIT AUTHORITY

2 N.Y.3d 775 (2004)

812 N.E.2d 1250

780 N.Y.S.2d 302

IN THE MATTER OF RICHARD KREISLER, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

Court of Appeals of the State of New York.

Decided May 6, 2004.

Attorney(s) appearing for the Case

Robert Ligansky, New York City, for appellant.

Martin B. Schabel, Brooklyn, and Victor M. Levy for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

An administrative penalty must be upheld unless it "is so disproportionate to the offense . . . as to be shocking to one's sense of fairness," thus constituting an abuse of discretion as a matter of law (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 237 [1974] [internal quotation marks omitted]). Under...

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