Feldman v. Board of EducaTion

Appellate Division of the Supreme Court of New York

Feldman v. Board of EducaTion

55 A.D.2d 619, 389 N.Y.S.2d 409, 1976 N.Y. App. Div. LEXIS 15345

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

DecidedDecember 13, 1976

StatusPublished

This text of 55 A.D.2d 619 (Feldman 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

Feldman v. Board of EducaTion, 55 A.D.2d 619, 389 N.Y.S.2d 409, 1976 N.Y. App. Div. LEXIS 15345 (N.Y. Ct. App. 1976).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent board of education, dated October 6, 1975 and made after a hearing, which, upon a finding that petitioner was guilty of conduct unbecoming a teacher, insubordination and neglect of duty, dismissed her from her teaching position. Determination confirmed and proceeding dismissed on the merits, without costs but with disbursements to respondent. Petitioner was given adequate notice of the charges; she has admitted the underlying acts; the penalty of dismissal is not shockingly disproportionate to the offense (see Matter of Pell v Board of Educ., 34 NY2d 222). Cohalan, Acting P. J., Margett, Damiani, Rabin and Titone, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent board of education, dated October 6, 1975 and made after a hearing, which, upon a finding that petitioner was guilty of conduct unbecoming a teacher, insubordination and neglect of duty, dismissed her from her teaching position. Determination confirmed and proceeding dismissed on the merits, without costs but with disbursements to respondent. Petitioner was given adequate notice of the charges; she has admitted the underlying acts; the penalty of dismissal is not shockingly disproportionate to the offense (see Matter of Pell v Board of Educ., 34 NY2d 222). Cohalan, Acting P. J., Margett, Damiani, Rabin and Titone, JJ., concur.

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Bluebook (online)

55 A.D.2d 619, 389 N.Y.S.2d 409, 1976 N.Y. App. Div. LEXIS 15345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feldman-v-board-of-education-nyappdiv-1976.