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IN THE MATTER OF RUTKUNAS v. STOUT

8 N.Y.3d 897 (2007)

865 N.E.2d 1239

834 N.Y.S.2d 73

In the Matter of ANTHONY RUTKUNAS, Respondent-Appellant, v. JOSEPH STOUT et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided March 27, 2007.

Attorney(s) appearing for the Case

Charlene M. Indelicato, County Attorney, White Plains (Linda M. Trentacoste of counsel), for appellants-respondents.

James M. Rose, White Plains, for respondent-appellant.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The judgment of the Appellate Division should be modified, with costs to appellants-respondents, by dismissing the petition in its entirety and, as so modified, affirmed.

Petitioner's conduct jeopardized the health and safety of his coworkers and of the public patrons of the facility at which he worked. Accordingly, "`we cannot conclude that the penalty of dismissal imposed . . . shocks the judicial conscience'" as...

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