Summary
reversing First Department remand to Hearing Officer for re-determination of less severe penalty and, instead, upholding termination where teacher was found guilty of incompetence and failure to manage his special education class for three school years
Summary of this case from Belfonte v. City of N.Y.Opinion
04-07-2015
In the Matter of Anthony J. RUSSO, Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Appellant.
Zachary W. Carter, Corporation Counsel, New York City (Kathy Chang Park and Richard Dearing of counsel), for appellant. Anthony J. Russo, respondent pro se.
Zachary W. Carter, Corporation Counsel, New York City (Kathy Chang Park and Richard Dearing of counsel), for appellant.
Anthony J. Russo, respondent pro se.
Opinion
On review of submissions pursuant to section 500.11 of the Rules, order insofar as appealed from reversed, with costs, New York City Department of Education's cross motion to dismiss the petition granted in its entirety, and certified question answered in the negative. We cannot say that “the penalty of [termination] ... shocks the judicial conscience” (Matter of Kelly v. Safir, 96 N.Y.2d 32, 40, 724 N.Y.S.2d 680, 747 N.E.2d 1280 [2001] ; see 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, 234–235, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974] ).Chief Judge LIPPMAN and Judges READ, PIGOTT, RIVERA, ABDUS–SALAAM, STEIN and FAHEY concur.