Elliot v. Board of Education

Appellate Division of the Supreme Court of New York

Elliot v. Board of Education

134 A.D.2d 233, 520 N.Y.S.2d 578, 1987 N.Y. App. Div. LEXIS 50428

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

DecidedNovember 2, 1987

StatusPublished

This text of 134 A.D.2d 233 (Elliot 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

Elliot v. Board of Education, 134 A.D.2d 233, 520 N.Y.S.2d 578, 1987 N.Y. App. Div. LEXIS 50428 (N.Y. Ct. App. 1987).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the Bay Shore Union Free School District (hereinafter the school board), dated February 26, 1986, which, after a hearing, found the petitioner guilty of insubordination, neglect of duty, and misconduct, and imposed a penalty of dismissal.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

There was substantial evidence presented that the petitioner was guilty of insubordination when he persistently failed to appear for a physical examination as directed by the school board (see, 300 Gramatan Ave. Assocs. v State Div. of [234]*234Human Rights, 45 NY2d 176, 180). Furthermore, substantial evidence was presented which showed that the petitioner frequently absented himself from his workplace without authorization for hours at a time (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, supra). In view of these offenses, and the supervisory position held by the petitioner, the penalty of dismissal was not excessive or shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233). Brown, J. P., Rubin, Kooper and Sullivan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the Bay Shore Union Free School District (hereinafter the school board), dated February 26, 1986, which, after a hearing, found the petitioner guilty of insubordination, neglect of duty, and misconduct, and imposed a penalty of dismissal.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

There was substantial evidence presented that the petitioner was guilty of insubordination when he persistently failed to appear for a physical examination as directed by the school board (see, 300 Gramatan Ave. Assocs. v State Div. of [234]*234Human Rights, 45 NY2d 176, 180). Furthermore, substantial evidence was presented which showed that the petitioner frequently absented himself from his workplace without authorization for hours at a time (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, supra). In view of these offenses, and the supervisory position held by the petitioner, the penalty of dismissal was not excessive or shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233). Brown, J. P., Rubin, Kooper and Sullivan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

134 A.D.2d 233, 520 N.Y.S.2d 578, 1987 N.Y. App. Div. LEXIS 50428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elliot-v-board-of-education-nyappdiv-1987.

Opinion

Related

Cite This Page — Counsel Stack