Peill v. Board of Education of the City School District

Appellate Division of the Supreme Court of New York

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

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

DecidedApril 27, 1987

StatusPublished

Cited by1 cases

This text of 129 A.D.2d 799 (Peill v. Board of Education of the City 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.

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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 (N.Y. Ct. App. 1987).

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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.

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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.

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129 A.D.2d 799, 514 N.Y.S.2d 655, 1987 N.Y. App. Div. LEXIS 45488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peill-v-board-of-education-of-the-city-school-district-nyappdiv-1987.

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