Botkin v. Board of Education

Appellate Division of the Supreme Court of New York

Botkin v. Board of Education

122 A.D.2d 136, 504 N.Y.S.2d 521, 1986 N.Y. App. Div. LEXIS 59192

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 14, 1986

StatusPublished

Cited by1 cases

This text of 122 A.D.2d 136 (Botkin v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Botkin v. Board of Education, 122 A.D.2d 136, 504 N.Y.S.2d 521, 1986 N.Y. App. Div. LEXIS 59192 (N.Y. Ct. App. 1986).

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Opinions

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the City School District of the City of New York, dated October 17, 1984, which, after a hearing, terminated the petitioner’s employment.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The petitioner, a school secretary for over 12 years, was terminated from her employment based on charges that she had shouted at various staff members and had refused to follow orders of her supervisor. The determination that the petitioner is guilty of these charges is supported by substantial evidence in the record and should not be disturbed (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176).

Also, the penalty imposed was not so disproportionate to the offense as to be shocking to one’s sense of fairness. Gibbons, J. P., Brown and Hooper, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the City School District of the City of New York, dated October 17, 1984, which, after a hearing, terminated the petitioner’s employment.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The petitioner, a school secretary for over 12 years, was terminated from her employment based on charges that she had shouted at various staff members and had refused to follow orders of her supervisor. The determination that the petitioner is guilty of these charges is supported by substantial evidence in the record and should not be disturbed (see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176).

Also, the penalty imposed was not so disproportionate to the offense as to be shocking to one’s sense of fairness. Gibbons, J. P., Brown and Hooper, JJ., concur.

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Bluebook (online)

122 A.D.2d 136, 504 N.Y.S.2d 521, 1986 N.Y. App. Div. LEXIS 59192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/botkin-v-board-of-education-nyappdiv-1986.

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