Opinion
June 23, 1986
By order of this court, dated January 22, 1985, the matter was remitted to the school board to make written findings setting forth the essential facts and evidence upon which it relied in reaching its determination (see, Matter of Smith v. Board of Educ., 107 A.D.2d 749). By determination dated October 15, 1985, the school board made its findings.
Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
There is substantial evidence in the record supporting the school board's determination as to the charges. Furthermore, the penalty of dismissal is not so disproportionate to the offenses as to be shocking to one's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Lazer, J.P., Bracken, Rubin and Eiber, JJ., concur.