Garvin v. Board of Education of the West Hempstead Union Free School District

Appellate Division of the Supreme Court of New York

Garvin v. Board of Education of the West Hempstead Union Free School District

57 A.D.2d 557, 393 N.Y.S.2d 79, 1977 N.Y. App. Div. LEXIS 11509

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

DecidedApril 4, 1977

StatusPublished

This text of 57 A.D.2d 557 (Garvin v. Board of Education of the West Hempstead Union Free 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

Garvin v. Board of Education of the West Hempstead Union Free School District, 57 A.D.2d 557, 393 N.Y.S.2d 79, 1977 N.Y. App. Div. LEXIS 11509 (N.Y. Ct. App. 1977).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 by petitioner, a tenured teacher, inter alia, to review respondent’s determination, dated April 6, 1976 and made after a hearing, which found petitioner guilty of conduct unbecoming a teacher and insubordination, and dismissed him from his position. Determination modified, on the law, by reducing the penalty to a period of suspension, without pay, from April 7, 1976 to June 30, 1977, as recommended by the minority members of the respondent board. As so modified, determination confirmed and petition otherwise dismissed on the merits, without costs or disbursements. Respondent’s findings of fact are supported by adequate evidence, but we hold that the punishment of dismissal was so disproportionate to the offense, under all of the circumstances, as to shock one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222, 233). As such, it constituted an abuse of discretion. Margett, Acting P. J., Shapiro, Titone and Suozzi, JJ., concur.

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Proceeding pursuant to CPLR article 78 by petitioner, a tenured teacher, inter alia, to review respondent’s determination, dated April 6, 1976 and made after a hearing, which found petitioner guilty of conduct unbecoming a teacher and insubordination, and dismissed him from his position. Determination modified, on the law, by reducing the penalty to a period of suspension, without pay, from April 7, 1976 to June 30, 1977, as recommended by the minority members of the respondent board. As so modified, determination confirmed and petition otherwise dismissed on the merits, without costs or disbursements. Respondent’s findings of fact are supported by adequate evidence, but we hold that the punishment of dismissal was so disproportionate to the offense, under all of the circumstances, as to shock one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222, 233). As such, it constituted an abuse of discretion. Margett, Acting P. J., Shapiro, Titone and Suozzi, JJ., concur.

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Bluebook (online)

57 A.D.2d 557, 393 N.Y.S.2d 79, 1977 N.Y. App. Div. LEXIS 11509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garvin-v-board-of-education-of-the-west-hempstead-union-free-school-nyappdiv-1977.