Pell v. Board of Education of Union Free School District No. 1

Appellate Division of the Supreme Court of New York

Pell v. Board of Education of Union Free School District No. 1

42 A.D.2d 855, 346 N.Y.S.2d 975, 1973 N.Y. App. Div. LEXIS 3635

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

DecidedAugust 13, 1973

StatusPublished

This text of 42 A.D.2d 855 (Pell v. Board of Education of Union Free School District No. 1) 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

Pell v. Board of Education of Union Free School District No. 1, 42 A.D.2d 855, 346 N.Y.S.2d 975, 1973 N.Y. App. Div. LEXIS 3635 (N.Y. Ct. App. 1973).

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Opinion

In an article 78 proceeding, transferred to this court pursuant to CPLR 7803 (subd. 4) and CPLR 7804 (subd. [g]), petitioner, a teacher in the Union Free School District No. 1, seeks review of a July 26, 1971, determination of the Board of Education of the afore-mentioned school district, which upon finding the petitioner guilty of (a) insubordination, (b) conduct unbecoming a teacher and (c) neglect of duly, dismissed petitioner from his position as a tenured teacher in the respondent school district. Determination under review modified, by striking therefrom [856]*856the penalty of dismissal, and by providing in lieu thereof, the penalty of suspension to date, without pay. As so modified, the determination is otherwise affirmed, without costs. In our opinion the penalty was excessive to the extent indicated. Shapiro, Gulotta and Benjamin, JJ., concur; Munder, Acting P. J., and Latham, J., dissent and vote to affirm determination.

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In an article 78 proceeding, transferred to this court pursuant to CPLR 7803 (subd. 4) and CPLR 7804 (subd. [g]), petitioner, a teacher in the Union Free School District No. 1, seeks review of a July 26, 1971, determination of the Board of Education of the afore-mentioned school district, which upon finding the petitioner guilty of (a) insubordination, (b) conduct unbecoming a teacher and (c) neglect of duly, dismissed petitioner from his position as a tenured teacher in the respondent school district. Determination under review modified, by striking therefrom [856]*856the penalty of dismissal, and by providing in lieu thereof, the penalty of suspension to date, without pay. As so modified, the determination is otherwise affirmed, without costs. In our opinion the penalty was excessive to the extent indicated. Shapiro, Gulotta and Benjamin, JJ., concur; Munder, Acting P. J., and Latham, J., dissent and vote to affirm determination.

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Bluebook (online)

42 A.D.2d 855, 346 N.Y.S.2d 975, 1973 N.Y. App. Div. LEXIS 3635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pell-v-board-of-education-of-union-free-school-district-no-1-nyappdiv-1973.