Opinion
Argued November 14, 1974
Decided December 18, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, NORMAN L. HARVEY, J. failed to comply with the contractual provision requiring a justifiable reason for not following the recommendation. The dissent at the Appellate Division stated that appellant had clearly indicated that the penalty of dismissal was being imposed, not merely because of a finding of guilty on some technical charge of misconduct, but because the misconduct consisted of a very serious act of physical abuse of a mentally retarded resident, and that he had made a reasonable determination in the best interests of the institution and those under its care.
Louis J. Lefkowitz, Attorney-General ( Winifred C. Stanley and Ruth Kessler Toch of counsel), for appellant.
John L. Bell for respondent.
Order reversed, without costs, and the determination of respondent Director of Sunmount State School reinstated on the dissenting memorandum by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division. (See, also, Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1, 34 N.Y.2d 222, 232, 233-234, 241.)
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.