Kelly v. Scoppetta, 56 A.D.2d 475 (N.Y. App. Div. 2008). · Go Syfert
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Kelly v. Scoppetta, 56 A.D.2d 475 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
24 citation events (6 in the last 25 years) across 13 distinct courts.
Strongest positive: Disney Enters. v. Tax Appeals (ny, 2008-03-25)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Disney Enters. v. Tax Appeals
NY · 2008 · signal: see · confidence high
This will mean increases in overhead charges, in some cases to an extent that will make it uneconomical for a small business to sell at all in areas where volume is small" (HR Rep 936, 86th Cong, 1st Sess; see Matter of Gillette Co. v State Tax Commn., 56 AD2d 475 , 481 [3d Dept 1977], affd 45 NY2d 846 [1978]).
discussed Cited "see, e.g." United States Tobacco Co. v. Martin
Ark. · 1990 · signal: see also · confidence low
See U.S. Tobacco Co., v. Commonwealth, 478 Pa. 125 , 386 A.2d 471 (1978); see also Gillette Co. v. State Tax Comm., 56 A.D. 2d 475 , 393 N.Y.S.2d 186 (1977); Indiana Dept. of Revenue v. Kimberly-Clark Corp., 275 Ind. 378 , 416 N.E.2d 1264 (1981).
Retrieving the full opinion text from the archive…
In the Matter of Thomas Kelly
v.
Nicholas Scoppetta
Appellate Division of the Supreme Court of the State of New York.
Nov 5, 2008.
56 A.D.2d 475
Published

[*476] Proceeding pursuant to CPLR article 78 to review a determination of the respondent Fire Commissioner of the City of New York, dated January 2, 2007, which, after a hearing, affirmed a determination of an administrative law judge dated June 9, 2006 that the petitioner was guilty of three charges of misconduct, and terminated his employment as a firefighter with the Fire Department of the City of New York.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determination that the petitioner knowingly ingested cocaine while employed by the Fire Department of the City of New York (hereinafter the Fire Department) is supported by substantial evidence and therefore may not be set aside (see CPLR 7803 [4]; Matter of McGovern v Safir, 266 AD2d 107 [1999]; Matter of Murolo v Safir, 246 AD2d 653 [1998]). In light of the fact that the petitioner tested positive for cocaine during a drug test administered by the Fire Department and subsequently, during an administrative hearing, admitted to using cocaine on several occasions while employed by the Fire Department, the penalty of dismissal was not so disproportionate to the offenses as to be shocking to one’s sense of fairness, despite evidence that the petitioner suffered from posttraumatic stress disorder (see Trotta v Ward, 77 NY2d 827, 828 [1991]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 [1974]; Matter of Longo v Dolce, 192 AD2d 157, 161 [1993]; see also Matter of Reinhard v City of New York, 34 AD3d 376, 378 [2006]).

The petitioner’s remaining contention is without merit. Spolzino, J.P, Ritter, Santucci and Garni, JJ., concur.