1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 76 A.D.3d
  5. 76 A.D.3d 338 (2010)
 

IN THE MATTER OF McDOUGALL v. SCOPPETTA

2009-02176

76 A.D.3d 338 (2010)

905 N.Y.S.2d 262

In the Matter of THOMAS J. McDOUGALL, Petitioner, v. NICHOLAS SCOPPETTA et al., Respondents.

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

Decided July 20, 2010.

Attorney(s) appearing for the Case

Lynn, Gartner & Dunne, LLP, Mineola ( John W. Dunne of counsel), for petitioner.

Michael A. Cardozo , Corporation Counsel, New York City ( Pamela Seider Dolgow and Suzanne K. Colt of counsel), for respondents.

MASTRO, J.P., FISHER and BELEN, JJ., concur.

OPINION OF THE COURT

AUSTIN, J.

In this proceeding we are asked to determine whether, under the particular circumstances of this case, the penalty of termination of the petitioner's employment as a firefighter is so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion.1 Because we conclude, as a matter of law, that the penalty of termination is shocking to the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases