Harff v. Board of Education

Appellate Division of the Supreme Court of New York

Harff v. Board of Education

70 A.D.2d 937, 417 N.Y.S.2d 880, 1979 N.Y. App. Div. LEXIS 12545

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

DecidedJune 18, 1979

StatusPublished

This text of 70 A.D.2d 937 (Harff 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

Harff v. Board of Education, 70 A.D.2d 937, 417 N.Y.S.2d 880, 1979 N.Y. App. Div. LEXIS 12545 (N.Y. Ct. App. 1979).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated June 29, 1978, which, after a hearing, found the petitioner guilty of incompetence in the performance of his job and dismissed him from his employment. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The record reveals there is substantial evidence to support the charges of incompetence, and the penalty of dismissal is not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Hopkins, J. P., Damiani, Titone and Margett, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated June 29, 1978, which, after a hearing, found the petitioner guilty of incompetence in the performance of his job and dismissed him from his employment. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The record reveals there is substantial evidence to support the charges of incompetence, and the penalty of dismissal is not so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Hopkins, J. P., Damiani, Titone and Margett, JJ., concur.

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Bluebook (online)

70 A.D.2d 937, 417 N.Y.S.2d 880, 1979 N.Y. App. Div. LEXIS 12545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harff-v-board-of-education-nyappdiv-1979.