Antonucci v. Port Chester-Rye Union Free School District

366 N.E.2d 871, 42 N.Y.2d 878, 397 N.Y.S.2d 783, 1977 N.Y. LEXIS 2219

Opinion

Memorandum. Judgment reversed, with costs, and the determination of the superintendent of schools reinstated. The record supports the more severe sanction imposed on petitioner because of his supervisory status, a difference in the charges, and evidence establishing the deliberateness of his conduct. Hence, the sanction imposed by the superintendent, after a full hearing, is not shocking to any sense of fairness, and should not have been overturned by the court below (Matter of Pell v Board of Educ., 34 NY2d 222, esp 235-236).

“ Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Judgment reversed, etc.