Will v. Frontier Central School District Board of Education

New York Court of Appeals

Will v. Frontier Central School District Board of Education

765 N.E.2d 293, 97 N.Y.2d 690, 739 N.Y.S.2d 90, 2002 N.Y. LEXIS 32

New York Court of Appeals·Decided January 8, 2002·Published·Cited by 5 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.

Petitioner’s alcohol-related conduct jeopardized public safety and the safety of the schoolchildren in her charge. The School Board has a special obligation to safeguard the well-being of its students. Accordingly, “we cannot conclude that the penalty of dismissal imposed * * * shocks the judicial conscience” (Matter of Kelly v Safir, 96 NY2d 32, 39-40; see also, Matter of Pell v Board of Educ., 34 NY2d 222, 233).

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, reversed, with costs, and petition dismissed in its entirety, in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.

Petitioner’s alcohol-related conduct jeopardized public safety and the safety of the schoolchildren in her charge. The School Board has a special obligation to safeguard the well-being of its students. Accordingly, “we cannot conclude that the penalty of dismissal imposed * * * shocks the judicial conscience” (Matter of Kelly v Safir, 96 NY2d 32, 39-40; see also, Matter of Pell v Board of Educ., 34 NY2d 222, 233).

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, reversed, with costs, and petition dismissed in its entirety, in a memorandum.

Will v. Frontier Central School District Board of Education, 765 N.E.2d 293, 97 N.Y.2d 690, 739 N.Y.S.2d 90, 2002 N.Y. LEXIS 32 (N.Y. 2002).

Pincite

765 N.E.2d 293 (Will v. Frontier Central School District Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related