Substantial evidence consists of relevant proof that a reasonable person would accept as adequate to support a conclusion
Matter of Seltzer v City of Rochester, 2010 NY Slip Op 06846, Decided on October 1, 2010, Appellate Division, Fourth Department
Lawrence M. Seltzer commenced an CPLR Article 78* proceeding in an effort to obtain a court order annulling the determination terminating his employment as a City of Rochester Municipal Parking Coordinator following a disciplinary hearing held pursuant to Civil Service Law §75.
The Appellate Division dismissed his appeal, commenting that the disciplinary determination was supported by “substantial evidence, i.e., ‘such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact’”
The court also concluded that, under the circumstances of this case, the penalty of termination of employment does not constitute an abuse of discretion as a matter of law because it is not " so disproportionate to the offense as to be shocking to one's sense of fairness,’" citing Matter of Kelly v Safir, 96 NY2d 32.
* Section 76 of the Civil Service Law provides alternative appeal procedures to challenge a Section 75 disciplinary determination: [1] Appeal to the Civil Service Commission having jurisdiction within 20 days of his or her receiving notice of the determination; or [2] A judicial appeal pursuant to Article 78 of the Civil Practice Law and Rules.
The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_06846.htm
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