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MATTER OF RODRIGUEZ v. CITY OF NEW YORK

2377, 110402/08

71 A.D.3d 512 (2010)

896 N.Y.S.2d 346

In the Matter of ROBERT RODRIGUEZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 16, 2010.

Judicial review of an administrative agency's penalty is limited to consideration of whether the measure or mode of discipline imposed constituted an abuse of discretion as a matter of law. The penalty must be upheld unless it is so disproportionate to the offense, in light of all of the circumstances, as to be shocking to one's sense of fairness (Matter of Kelly v Safir, 96 N.Y.2d 32

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