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

Appellate Division of the Supreme Court of the State of New York·Decided November 2, 1987·Published

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] Human 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.

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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] Human 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.

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).

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134 A.D.2d 233 (Elliot v. Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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