Cirillo v. Board of Education of the Herkimer Central School District

Appellate Division of the Supreme Court of New York

Cirillo v. Board of Education of the Herkimer Central School District

124 A.D.2d 1003, 508 N.Y.S.2d 784, 1986 N.Y. App. Div. LEXIS 62333

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

DecidedNovember 10, 1986

StatusPublished

This text of 124 A.D.2d 1003 (Cirillo v. Board of Education of the Herkimer Central School District) 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.

Bluebook

Cirillo v. Board of Education of the Herkimer Central School District, 124 A.D.2d 1003, 508 N.Y.S.2d 784, 1986 N.Y. App. Div. LEXIS 62333 (N.Y. Ct. App. 1986).

Pincite

Opinion

[1004]*1004Memorandum: There is substantial evidence to support the determination that petitioner, a custodian employed by respondent, failed to maintain two boilers, misused his sick leave on two occasions and unnecessarily disrupted a kindergarten orientation program. Given the potential danger to the school pupils and personnel created by petitioner’s failure to maintain the boilers, the penalty of dismissal is not so disproportionate to the charges as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233-234). (Article 78 proceeding transferred by order of Supreme Court, Oneida County, O’Donnell, J.). Present — Doerr, J. P., Denman, Green, Pine and Schnepp, JJ.

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[1004]*1004Memorandum: There is substantial evidence to support the determination that petitioner, a custodian employed by respondent, failed to maintain two boilers, misused his sick leave on two occasions and unnecessarily disrupted a kindergarten orientation program. Given the potential danger to the school pupils and personnel created by petitioner’s failure to maintain the boilers, the penalty of dismissal is not so disproportionate to the charges as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233-234). (Article 78 proceeding transferred by order of Supreme Court, Oneida County, O’Donnell, J.). Present — Doerr, J. P., Denman, Green, Pine and Schnepp, JJ.

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Bluebook (online)

124 A.D.2d 1003, 508 N.Y.S.2d 784, 1986 N.Y. App. Div. LEXIS 62333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cirillo-v-board-of-education-of-the-herkimer-central-school-district-nyappdiv-1986.