Puglisi v. Board of Education of the Long Beach City School District

Appellate Division of the Supreme Court of New York

Puglisi v. Board of Education of the Long Beach City School District

250 A.D.2d 689, 671 N.Y.S.2d 699, 1998 N.Y. App. Div. LEXIS 5537

Appellate Division of the Supreme Court of the State of New York·Decided May 11, 1998·Published

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the Long Beach City School District, dated March 27, 1996, which, after a hearing, terminated the petitioner’s employment as a bus driver for the Long Beach City School District.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The School Board’s determination was supported by substantial evidence (see, Matter of Pell v Board of Educ., 34 NY2d 222; Matter of Bullock v State of N. Y. Dept. of Social Servs., 248 AD2d 380; Matter of Wohlleb v Board of Educ., 231 AD2d 643). Further, the penalty imposed was not so disproportionate to the offense as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., supra).

The petitioner’s remaining contentions are without merit. Mangano, P. J., Rosenblatt, Joy and Krausman, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the Long Beach City School District, dated March 27, 1996, which, after a hearing, terminated the petitioner’s employment as a bus driver for the Long Beach City School District.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The School Board’s determination was supported by substantial evidence (see, Matter of Pell v Board of Educ., 34 NY2d 222; Matter of Bullock v State of N. Y. Dept. of Social Servs., 248 AD2d 380; Matter of Wohlleb v Board of Educ., 231 AD2d 643). Further, the penalty imposed was not so disproportionate to the offense as to shock one’s sense of fairness (see, Matter of Pell v Board of Educ., supra).

The petitioner’s remaining contentions are without merit. Mangano, P. J., Rosenblatt, Joy and Krausman, JJ., concur.

Puglisi v. Board of Education of the Long Beach City School District, 250 A.D.2d 689, 671 N.Y.S.2d 699, 1998 N.Y. App. Div. LEXIS 5537 (N.Y. Ct. App. 1998).

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250 A.D.2d 689 (Puglisi v. Board of Education of the Long Beach City School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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