Kreisler v. New York City Transit Auth., 812 N.E.2d 1250 (NY 2004). · Go Syfert
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Kreisler v. New York City Transit Auth., 812 N.E.2d 1250 (NY 2004). Cases Citing This Book View Copy Cite
79 citation events (79 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of McMaster v. Town of Islip (nyappdiv, 2025-07-02)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of McMaster v. Town of Islip (2×)
N.Y. App. Div. · 2025 · confidence medium
Auth. , 2 NY3d 775, 776 [internal quotation marks omitted]; see Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Matter of P & I Prop., LLC v. Commissioner, State of N.Y., Div. of Hous. & Community Renewal (DHCR)
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Featherstone v Franco, 95 NY2d at 554 ; CPLR 7803[3]).
cited Cited as authority (rule) Matter of Dzaferovic v. New York City Dept. of Fin.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Featherstone v Franco, 95 NY2d at 554 ; CPLR 7803[3]).
cited Cited as authority (rule) Matter of Bonilla v. NYS Dept. of Motor Vehs.
N.Y. App. Div. · 2023 · confidence medium
Auth. , 2 NY3d 775, 776 [2004]).
cited Cited as authority (rule) Matter of Tinter v. Board of Trustees of the Pound Ridge Lib. Dist.
N.Y. App. Div. · 2022 · confidence medium
Auth. , 2 NY3d 775, 776 [alterations omitted], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
discussed Cited as authority (rule) Matter of Sadallah v. New York State Dept. of Motor Vehs.
N.Y. App. Div. · 2018 · confidence medium
Auth. , 2 NY3d 775, 776 [2004] [internal quotation marks omitted]; see Matter of Gerber v New York State Dept. of Motor Vehs. , 129 AD3d 959, 961-962 [2d Dept 2015]; Montagnino , 106 AD3d at 1091 ; Matter of Gorman v New York State Dept. of Motor Vehs. , 34 AD3d 1361, 1361-1362 [4th Dept 2006]).
discussed Cited as authority (rule) Matter of Mundinger v. Smithtown Cent. Sch. Dist.
N.Y. App. Div. · 2017 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Bosch v City of *608 Middletown, N.Y., 127 AD3d at 856 ; Matter of Ware v Board of Fire Commr. of the Roosevelt Fire Dist., 98 AD3d 523 , 523 [2012]; Matter of Loscuito v Scoppetta, 50 AD3d 905, 906 [2008]).
cited Cited as authority (rule) Matter of Sullivan v. County of Rockland
N.Y. App. Div. · 2017 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Harp v New York City Police Dept., 96 NY2d 892, 894 [2001]; Matter of Sassi v City of Beacon, 145 AD3d 789 [2016]).
cited Cited as authority (rule) Matter of Tomczak v. Board of Educ., Eastchester Union Free Sch. Dist.
N.Y. App. Div. · 2016 · confidence medium
Auth., 2 NY3d 775, 776 [2004]).
cited Cited as authority (rule) Matter of Rytelewski v. Russo
N.Y. App. Div. · 2015 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; see Matter of Rutkunas v Stout, 8 NY3d 897, 898 [2007]; Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Matter of Bosch v. City of Middletown, N.Y.
N.Y. App. Div. · 2015 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Ware v Board of Fire Commr. of the Roosevelt Fire Dist., 98 AD3d 523 , 523 [2012]; Matter of Loscuito v Scoppetta, 50 AD3d 905, 906 [2008]).
cited Cited as authority (rule) Alarcon v. Board of Education of South Orangetown Central School District
N.Y. App. Div. · 2014 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Pasqua v Village of Mamaroneck Fire Dept., 119 AD3d 588, 589 [2014]).
cited Cited as authority (rule) Matter of Pasqua v. Village of Mamaroneck Fire Dept.
N.Y. App. Div. · 2014 · confidence medium
Auth., 2 NY3d 775, 776 [2004] [internal quotation marks omitted]; see Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Andries v. Cox
N.Y. App. Div. · 2014 · confidence medium
Auth., 2 NY3d 775, 776 [2004]).
cited Cited as authority (rule) Andries v. Cox
N.Y. App. Div. · 2014 · confidence medium
Auth., 2 NY3d 775, 776 [2004]).
cited Cited as authority (rule) Kenny v. Commissioner of New York State Department of Motor Vehicles
N.Y. App. Div. · 2013 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Failing v. Fiala
N.Y. App. Div. · 2013 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Kenny v. Commissioner of New York State Department of Motor Vehicles
N.Y. App. Div. · 2013 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Failing v. Fiala
N.Y. App. Div. · 2013 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Smith v. Tuckahoe Housing Authority
N.Y. App. Div. · 2013 · confidence medium
Auth., 2 NY3d 775, 776 [2004]).
cited Cited as authority (rule) Smith v. Tuckahoe Housing Authority
N.Y. App. Div. · 2013 · confidence medium
Auth., 2 NY3d 775, 776 [2004]).
cited Cited as authority (rule) Kosar v. New York State Department of Motor Vehicles Appeals Board
N.Y. App. Div. · 2013 · confidence medium
Auth., 2 NY3d 775, 776 [2004]).
cited Cited as authority (rule) Kosar v. New York State Department of Motor Vehicles Appeals Board
N.Y. App. Div. · 2013 · confidence medium
Auth., 2 NY3d 775, 776 [2004]).
cited Cited as authority (rule) Montagnino v. Fiala
N.Y. App. Div. · 2013 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Montagnino v. Fiala
N.Y. App. Div. · 2013 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Cervoni v. Commissioner of New York State Department of Motor Vehicles
N.Y. App. Div. · 2012 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Cervoni v. Commissioner of New York State Department of Motor Vehicles
N.Y. App. Div. · 2012 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Attard v. Kampe
N.Y. App. Div. · 2012 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Heisler v. Scappaticci
N.Y. App. Div. · 2011 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Ward v Juettner, 63 AD3d 748 [2009]; Matter of Gustafson v Town of N. Castle, N.Y., 45 AD3d 766, 767 [2007]).
cited Cited as authority (rule) Morales-Reyes v. Westchester County Department of Social Services
N.Y. App. Div. · 2011 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Kelly v Safir, 96 NY2d at 38 ; Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Guarino v. New York State Department of Motor Vehicles
N.Y. App. Div. · 2011 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Gibbons v. New York State Unified Court System
N.Y. App. Div. · 2010 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Gallagher v. Jackson
N.Y. App. Div. · 2010 · confidence medium
Auth., 2 NY3d 775, 776 [2004] [citation omitted]; see Matter of Huth v Barr, 56 AD3d 556 [2008]).
cited Cited as authority (rule) Coulter v. State of N.Y. Insurance Department
N.Y. App. Div. · 2010 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Pell v Board of Educ. of Union Free School Dist.
discussed Cited as authority (rule) Ammann v. Odestick
N.Y. App. Div. · 2010 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; see Matter of Kelly v Safir, 96 NY2d at 38 ; Matter of Gustafson v Town of N. Castle, N.Y., 45 AD3d 766, 767 [2007]; Matter of Maher v Cade, 15 AD3d 489, 490 [2005]; Madry v Veteran, 70 AD2d at 930-931 ).
cited Cited as authority (rule) Coleman v. Town of Eastchester
N.Y. App. Div. · 2010 · confidence medium
Auth., 2 NY3d 775, 776 [2004] [internal quotation marks omitted]).
cited Cited as authority (rule) Singleton v. New York State Office of Children & Family Services
N.Y. App. Div. · 2010 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; see Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Prioleau v. Murphy
N.Y. App. Div. · 2010 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; Matter of Pell v Board of Educ. of Union Free School Dist.
discussed Cited as authority (rule) Gist v. Mulligan (2×)
N.Y. App. Div. · 2009 · confidence medium
Auth., 2 NY3d 775, 776 [2004]).
cited Cited as authority (rule) Ward v. Juettner
N.Y. App. Div. · 2009 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; see Matter of Kelly v Safir, 96 NY2d at 38 ; Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Saunders v. Rock-land Board of Cooperative Educational Services
N.Y. App. Div. · 2009 · confidence medium
Auth., 2 NY3d 775, 776 [2004]; cf. Matter of Solis v Department of Educ. of City of N.Y., 30 AD3d 532 [2006]).
cited Cited as authority (rule) Chiara v. Wells
N.Y. App. Div. · 2009 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Smith v. Carter
N.Y. App. Div. · 2009 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) DeNardo v. Board of Education
N.Y. App. Div. · 2009 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Kurot v. East Rock-Away Fire Department
N.Y. App. Div. · 2009 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Cianciulli v. Village of Bronxville Board of Police Commissioners
N.Y. App. Div. · 2008 · confidence medium
Auth., 2 NY3d 775, 776 [2004]).
cited Cited as authority (rule) Lewis v. Lipsman
N.Y. App. Div. · 2008 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Kaufman v. Wells
N.Y. App. Div. · 2008 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) in Matter of Florence Huth v. John Barr
N.Y. App. Div. · 2008 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
cited Cited as authority (rule) Thomas v. County of Rockland
N.Y. App. Div. · 2008 · confidence medium
Auth., 2 NY3d 775, 776 [2004], quoting Matter of Pell v Board of Educ. of Union Free School Dist.
Retrieving the full opinion text from the archive…
In the Matter of Richard Kreisler
v.
New York City Transit Authority
New York Court of Appeals.
May 6, 2004.
812 N.E.2d 1250
APPEARANCES OF COUNSEL, Robert Ligansky, New York City, for appellant., Martin B. Schabel, Brooklyn, and Victor M. Levy for respondent.
Cited by 68 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

An administrative penalty must be upheld unless it “is so disproportionate to the offense . . . as to be shocking to one’s sense of fairness,” thus constituting an abuse of discretion as a matter of law (Matter of Pell v Board of Educ., 34 NY2d 222, 237 [1974] [internal quotation marks omitted]). Under the circumstances of this case, it cannot be concluded, as a matter of law, that the penalty of demotion shocks the judicial conscience. Petitioner’s remaining contentions lack merit.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.