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Matter of Clayton v. Clement

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1972
40 A.D.2d 827 (N.Y. App. Div. 1972)

Opinion

November 6, 1972


Proceeding pursuant to article 78 of the CPLR to annul respondents' determination, made September 24, 1970, after a hearing, which dismissed petitioner from his position as teacher in Central School District No. 5 of the Town of Smithtown. Determination modified, on the law, by reducing the penalty from one of dismissal to a suspension for the period commencing September 24, 1970 and ending on the date of the order to be entered hereon. As so modified, determination confirmed, without costs. Under all the circumstances, we find that the penalty of dismissal imposed by respondents was excessive and an abuse of discretion. Hopkins, Acting P.J., Munder, Shapiro, Christ and Brennan, JJ., concur.


Summaries of

Matter of Clayton v. Clement

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1972
40 A.D.2d 827 (N.Y. App. Div. 1972)
Case details for

Matter of Clayton v. Clement

Case Details

Full title:In the Matter of CLARENCE A. CLAYTON, Appellant, v. WILLIAM CLEMENT et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 6, 1972

Citations

40 A.D.2d 827 (N.Y. App. Div. 1972)