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IN RE: Christopher MAPP, Respondent, v. Gregory BURNHAM, as Chief Technology Officer of Port Authority of New York and New Jersey, et al., Appellants.
OPINION OF THE COURT
The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and the petition dismissed. The determination of respondent Port Authority of New York and New Jersey (the PA) terminating petitioner's employment is supported by substantial evidence (see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 230, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974] ). Evidence in the record supports the finding that petitioner misled the American Red Cross concerning his employment status and obtained financial assistance under false pretenses. Moreover, in light of petitioner's misconduct, “we cannot conclude that the penalty of dismissal imposed ․ shocks the judicial conscience” (Matter of Rutkunas v. Stout, 8 N.Y.3d 897, 898, 834 N.Y.S.2d 73, 865 N.E.2d 1239 [2007] [internal citations and quotation marks omitted]; see Matter of Scahill v. Greece Cent. School Dist., 2 N.Y.3d 754, 756, 778 N.Y.S.2d 771, 811 N.E.2d 33 [2004]; Matter of Pell, 34 N.Y.2d at 233, 356 N.Y.S.2d 833, 313 N.E.2d 321).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), judgment appealed from and order of the Appellate Division brought up for review reversed, etc.
MEMORANDUM.
Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.
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Decided: June 07, 2007
Court: Court of Appeals of New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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