Osborne v. Nells, 115 A.D.2d 242 (N.Y. App. Div. 1985). · Go Syfert
Osborne v. Nells, 115 A.D.2d 242 (N.Y. App. Div. 1985). Cases Citing This Book View Copy Cite
“t is well settled that 'responsibility for ice conditions arises, at the most, only after the lapse of a reasonable time for taking protective measures and never while a storm is in progress”
12 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Feigles v. Costal Lumber Co. (nywd, 1998-12-17)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (quoted) Feigles v. Costal Lumber Co.
W.D.N.Y. · 1998 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
t is well settled that 'responsibility for ice conditions arises, at the most, only after the lapse of a reasonable time for taking protective measures and never while a storm is in progress
Retrieving the full opinion text from the archive…
In the Matter of Effie G. Osborne
v.
Richard M. Nells, as Probation Director
Appellate Division of the Supreme Court of the State of New York.
Nov 15, 1985.
115 A.D.2d 242

Determination unanimously confirmed and petition dismissed,[*243] without costs. Memorandum: In this CPLR article 78 proceeding, petitioner seeks to annul a determination of the Oswego County Probation Department demoting her from her position as senior probation officer. The findings of fact set forth by the hearing officer and adopted by the Chairman of the Oswego County Legislature were sufficient to permit adequate and intelligent judicial review (see, Matter of Simpson v Wolansky, 38 NY2d 391; Matter of Baker v Town of Mt. Pleasant, 92 AD2d 611). In addition, the determination finding petitioner guilty of seven charges of misconduct and incompetence was supported by substantial evidence (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). We also find that the penalty imposed was not " ' "so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness” ’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233; Matter of Doino v Laehy, 100 AD2d 744, affd 63 NY2d 663). (Article 78 proceeding transferred by order of Supreme Court, Oswego County, Sullivan, J.) Present—Hancock, Jr., J. P., Doerr, Green, O’Donnell and Schnepp, JJ.