Matter of Ebner v. Board of Education

Full title: In the Matter of JUDITH EBNER, Respondent, v. BOARD OF EDUCATION OF EAST…

Court: Court of Appeals of the State of New York

Date published: Jun 30, 1977

42 N.Y.2d 938 (N.Y. 1977)

397 N.Y.S.2d 1008

366 N.E.2d 1362

Opinion

Argued June 2, 1977

Decided June 30, 1977

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

Gary Weintraub and Frank J. Faroulo, Jr., for appellant.

James J. Brady and Eugene M. Kaufman for respondent.

Judgment reversed, with costs, and the determination of the board of education terminating petitioner's employment reinstated. In view of the nature and extent of the misconduct found by the board, the punishment was not so disproportionate as to warrant judicial correction (Matter of Bott v Board of Educ., 41 N.Y.2d 265, 269; Matter of Pell v Board of Educ., 34 N.Y.2d 222).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.