Schaffer v. Babylon Union-Free School District

Appellate Division of the Supreme Court of New York

Schaffer v. Babylon Union-Free School District

13 A.D.3d 380, 785 N.Y.S.2d 349, 2004 N.Y. App. Div. LEXIS 14835

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

DecidedDecember 6, 2004

StatusPublished

This text of 13 A.D.3d 380 (Schaffer v. Babylon 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

Schaffer v. Babylon Union-Free School District, 13 A.D.3d 380, 785 N.Y.S.2d 349, 2004 N.Y. App. Div. LEXIS 14835 (N.Y. Ct. App. 2004).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of Schools of the Babylon Union-Free School District dated March 7, 2002, which, after a hearing, inter alia, found that the petitioner had engaged in misconduct, and terminated his employment.

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

The findings of the hearing officer were supported by substantial evidence. Moreover, the punishment was not so disproportionate to the misconduct as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222 [1974]). Santucci, J.P., Luciano, Schmidt and Adams, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of Schools of the Babylon Union-Free School District dated March 7, 2002, which, after a hearing, inter alia, found that the petitioner had engaged in misconduct, and terminated his employment.

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

The findings of the hearing officer were supported by substantial evidence. Moreover, the punishment was not so disproportionate to the misconduct as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222 [1974]). Santucci, J.P., Luciano, Schmidt and Adams, JJ., concur.

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Bluebook (online)

13 A.D.3d 380, 785 N.Y.S.2d 349, 2004 N.Y. App. Div. LEXIS 14835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaffer-v-babylon-union-free-school-district-nyappdiv-2004.