Rothstein v. Brezenoff
This CPLR article 78 proceeding seeks to challenge a determination by the Human Resources Administration (HRA) to dismiss petitioner Officer Rothstein for using excessive force. The incident involved Officer Rothstein jabbing a client, Floyd Hendricks, with a nightstick after being bitten during an altercation at the Waverly Income Maintenance Center. The hearing officer initially recommended dismissal of charges, but the HRA commissioner ultimately found Rothstein guilty and upheld the dismissal. The dissenting opinion argues that the commissioner's determination was not based on substantial evidence and that the penalty of dismissal for a single infraction, after seven years of unblemished service, was disproportionate.