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Roach v. Plainedge Union Free School District

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1996
230 A.D.2d 861 (N.Y. App. Div. 1996)

Opinion

August 19, 1996


Proceeding pursuant to CPLR article 78 to review a determination of the respondent Plainedge Union Free School District, dated January 4, 1995, which, after a hearing, adopted the findings of the Judicial Hearing Officer that the petitioner was guilty of misconduct and incompetency and dismissed her from her position as Stenographic Secretary.

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

The respondent's determination that the petitioner made false entries on her time sheets was supported by substantial evidence ( see, Matter of Lahey v Kelly, 71 N.Y.2d 135; Matter of Pell v Board of Educ., 34 N.Y.2d 222). Further, the penalty of dismissal was not so disproportionate to the offenses committed as to be shocking to one's sense of fairness ( see, Matter of Linfield v Nyquist, 48 N.Y.2d 1005; Matter of Pell v Board of Educ., supra; Matter of Clark v Canandaigua City School Dist., 179 A.D.2d 1006, affd 80 N.Y.2d 912; Matter of Antignano v Gunn, 134 A.D.2d 344).

The petitioner's remaining contentions are without merit. Bracken, J.P., Santucci, Goldstein and McGinity, JJ., concur.


Summaries of

Roach v. Plainedge Union Free School District

Appellate Division of the Supreme Court of New York, Second Department
Aug 19, 1996
230 A.D.2d 861 (N.Y. App. Div. 1996)
Case details for

Roach v. Plainedge Union Free School District

Case Details

Full title:In the Matter of PATRICIA C. ROACH, Petitioner, v. PLAINEDGE UNION FREE…

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

Date published: Aug 19, 1996

Citations

230 A.D.2d 861 (N.Y. App. Div. 1996)
646 N.Y.S.2d 704

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