McCambridge v. Uniondale Union Free School District

Appellate Division of the Supreme Court of New York

McCambridge v. Uniondale Union Free School District

84 A.D.2d 842, 449 N.Y.S.2d 447, 1981 N.Y. App. Div. LEXIS 16080

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

DecidedNovember 30, 1981

StatusPublished

This text of 84 A.D.2d 842 (McCambridge v. Uniondale 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

McCambridge v. Uniondale Union Free School District, 84 A.D.2d 842, 449 N.Y.S.2d 447, 1981 N.Y. App. Div. LEXIS 16080 (N.Y. Ct. App. 1981).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent school district, dated June 18,1980, which, after a hearing, found petitioner guilty of neglect of duty and suspended him without pay, from June 7,1980 to June 30,1980. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The school district’s determination that petitioner was guilty of neglect of duty is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). The penalty imposed (suspension without pay for 23 days) was not so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J.P., Gulotta, Cohalan and Bracken, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent school district, dated June 18,1980, which, after a hearing, found petitioner guilty of neglect of duty and suspended him without pay, from June 7,1980 to June 30,1980. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. The school district’s determination that petitioner was guilty of neglect of duty is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). The penalty imposed (suspension without pay for 23 days) was not so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Lazer, J.P., Gulotta, Cohalan and Bracken, JJ., concur.

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Bluebook (online)

84 A.D.2d 842, 449 N.Y.S.2d 447, 1981 N.Y. App. Div. LEXIS 16080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccambridge-v-uniondale-union-free-school-district-nyappdiv-1981.

Opinion

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