[DOWNLOAD] "Matter Rocco P. Barbarito v. Robert Moses" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter Rocco P. Barbarito v. Robert Moses
- Author : Supreme Court of New York
- Release Date : January 04, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
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[31 A.D.2d 898 Page 898] We agree with the holding at Special Term that petitioner, by appealing from his dismissal to respondent commission, elected
his remedy and was foreclosed from seeking judicial review if his dismissal was not "purely arbitrary" (Civil Service Law,
§ 76; Matter of Taylor v. New York City Tr. Auth., 25 A.D.2d 682). The limited nature of judicial review demands that a petitioner
allege matter indicating "purely arbitrary" action. The punishment of dismissal visited upon petitioner upon the finding of
"negligent registration of tolls" is not on its face so disproportionate to the offense as to warrant a conclusion that it
was "purely arbitrary". A finding of guilt on that [31 A.D.2d 898 Page 899]