Opinion
06-10-2015
In the Matter of Arthur I. MURPHY, appellant, v. BALDWIN UNION FREE SCHOOL DISTRICT, et al., respondents.
Law Office of Louis D. Stober, Jr., LLC, Garden City, N.Y. (Anthony P. Giustino of counsel), for appellant. Ingerman Smith LLP, Hauppauge, N.Y. (Julie A. Torrey of counsel), for respondents.
Law Office of Louis D. Stober, Jr., LLC, Garden City, N.Y. (Anthony P. Giustino of counsel), for appellant.
Ingerman Smith LLP, Hauppauge, N.Y. (Julie A. Torrey of counsel), for respondents.
Opinion
Proceeding pursuant to CPLR article 78 to review a determination of the Board of Education of the Baldwin Union Free School District, dated November 14, 2012, which adopted the findings of a hearing officer dated October 26, 2012, made after a hearing pursuant to Civil Service Law § 75, that the petitioner was guilty of charges of 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.
Contrary to the petitioner's contention, the determination of the respondent Board of Education of the Baldwin Union Free School District is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183 ; Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 230, 356 N.Y.S.2d 833, 313 N.E.2d 321 ; Matter of Capone v. Patchogue–Medford Union Free School Dist., 38 A.D.3d 770, 772, 832 N.Y.S.2d 283 ; Matter of Sahni v. New York City Bd. of Educ., 240 A.D.2d 751, 751, 660 N.Y.S.2d 1003 ; see also Matter of Goohya v. Walsh–Tozer, 33 A.D.3d 798, 822 N.Y.S.2d 452 ). Further, the penalty of dismissal is not so disproportionate to the offenses as to be shocking to one's sense of fairness (see Matter of Waldren v. Town of Islip, 6 N.Y.3d 735, 810 N.Y.S.2d 408, 843 N.E.2d 1148 ; Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d at 237, 356 N.Y.S.2d 833, 313 N.E.2d 321 ; Matter of Capone v. Patchogue–Medford Union Free School Dist., 38 A.D.3d at 771, 832 N.Y.S.2d 283 ) and, thus, does not constitute an abuse of discretion as a matter of law.
DILLON, J.P., LEVENTHAL, AUSTIN and LaSALLE, JJ., concur.