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IN THE MATTER OF TORRANCE v. STOUT

9 N.Y.3d 1022 (2008)

881 N.E.2d 1194

852 N.Y.S.2d 8

In the Matter of DAVID TORRANCE, Respondent, v. JOSEPH A. STOUT, as Commissioner of the Westchester County Department of Parks, Recreation and Conservation, et al., Appellants.

Court of Appeals of the State of New York.

Decided January 15, 2008.

Attorney(s) appearing for the Case

Charlene M. Indelicato, County Attorney, White Plains (Thomas G. Gardiner of counsel), for appellants.

James M. Rose, White Plains, for respondent.

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, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.

Petitioner, employed in a supervisory capacity, engaged in the willful and intentional illegal disposition of county property. Accordingly, we cannot conclude that the penalty of demotion to a nonsupervisory position shocks the judicial conscience (see Matter of Pell v Board...

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