Peill v. Board of Education of the City School District

129 A.D.2d 799, 514 N.Y.S.2d 655, 1987 N.Y. App. Div. LEXIS 45488

Opinion

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Based upon a review of the record, we find the respondent’s determination is supported by substantial evidence. Accordingly, the determination will not be disturbed (see, Matter of Pell v Board of Educ., 34 NY2d 222; Matter of Carian v Board of Educ., 128 AD2d 706).

We also find that under the circumstances of this case the imposed penalty of transferring the petitioner to a position other than that of a school bus driver was not so excessive as to shock the conscience (see, Matter of Pell v Board of Educ., 34 NY2d 222, supra). Mollen, P. J., Mangano, Eiber and Sullivan, JJ., concur.