Cohen v. Board of Education

Appellate Division of the Supreme Court of New York

Cohen v. Board of Education

143 A.D.2d 531, 533 N.Y.S.2d 28, 1988 N.Y. App. Div. LEXIS 10531

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

DecidedSeptember 27, 1988

StatusPublished

This text of 143 A.D.2d 531 (Cohen 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.

Bluebook

Cohen v. Board of Education, 143 A.D.2d 531, 533 N.Y.S.2d 28, 1988 N.Y. App. Div. LEXIS 10531 (N.Y. Ct. App. 1988).

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Opinion

Determination unanimously confirmed, and petition dismissed without costs. Memorandum: Petitioner, a school psychologist, brought a CPLR article 78 proceeding seeking to annul his termination by the Buffalo Board of Education. At a hearing pursuant to Education Law § 3020-a, the Hearing Panel heard testimony regarding petitioner’s neglect of his professional duties, as well as his insubordination and conduct unbecoming a teacher. Reviewing the testimony and documentary evidence, we find that the Panel’s determination of petitioner’s guilt is supported by substantial evidence (CPLR 7803 [4]) and the penalty of termination was not “so disproportionate to the offense as to be [532]*532shocking to one’s sense of fairness” (Matter of Pell v Board of Educ., 34 NY2d 222, 237). (Article 78 proceeding transferred by order of Supreme Court, Erie County, Kubiniec, J.) Present —Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.

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Determination unanimously confirmed, and petition dismissed without costs. Memorandum: Petitioner, a school psychologist, brought a CPLR article 78 proceeding seeking to annul his termination by the Buffalo Board of Education. At a hearing pursuant to Education Law § 3020-a, the Hearing Panel heard testimony regarding petitioner’s neglect of his professional duties, as well as his insubordination and conduct unbecoming a teacher. Reviewing the testimony and documentary evidence, we find that the Panel’s determination of petitioner’s guilt is supported by substantial evidence (CPLR 7803 [4]) and the penalty of termination was not “so disproportionate to the offense as to be [532]*532shocking to one’s sense of fairness” (Matter of Pell v Board of Educ., 34 NY2d 222, 237). (Article 78 proceeding transferred by order of Supreme Court, Erie County, Kubiniec, J.) Present —Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.

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Bluebook (online)

143 A.D.2d 531, 533 N.Y.S.2d 28, 1988 N.Y. App. Div. LEXIS 10531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-board-of-education-nyappdiv-1988.

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