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Scharf v. Levittown Union Free School

Appellate Division of the Supreme Court of New York, Second Department
May 20, 2002
294 A.D.2d 508 (N.Y. App. Div. 2002)

Opinion

01-03226

Argued April 9, 2002

May 20, 2002.

Proceeding pursuant to CPLR article 78 to review a determination of the Levittown Union Free School District, dated October 11, 2000, which, after a hearing, terminated the petitioner's employment as a stenographic secretary.

Antonia Kousoulas, New York, N.Y., for petitioner.

Ingerman Smith, LLP, Northport, N.Y. (Christopher Venator of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, LEO F. McGINITY, THOMAS A. ADAMS, JJ.


ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determination of the Levittown Union Free School District (hereinafter the District) that the petitioner was incompetent in her position as a stenographic secretary and engaged in misconduct is supported by substantial evidence in the record (see Matter of Lahey v. Kelly, 71 N.Y.2d 135; Matter of Decker v. Scoralick, 209 A.D.2d 517). The hearing officer carefully weighed the conflicting testimony and assessed the credibility of the witnesses (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436; Matter of Silberfarb v. Board Coop. Educ. Serv., 60 N.Y.2d 979). The penalty imposed, discharging the petitioner from her employment position, was not so disproportionate "as to be shocking to one's sense of fairness" (Pell v. Board of Educ., 34 N.Y.2d 222, 233).

Moreover, contrary to the petitioner's contention, the hearing officer was properly designated. There was a specific designation of the officer contained in the written

Notice of Charges, and a written resolution adopted by the District's Board of Education incorporating the Notice of Charges by reference (see Salley v. Hempstead School District, 121 A.D.2d 547).

SANTUCCI, J.P., ALTMAN, McGINITY and ADAMS, JJ., concur.


Summaries of

Scharf v. Levittown Union Free School

Appellate Division of the Supreme Court of New York, Second Department
May 20, 2002
294 A.D.2d 508 (N.Y. App. Div. 2002)
Case details for

Scharf v. Levittown Union Free School

Case Details

Full title:IN THE MATTER OF DOROTHY F. SCHARF, petitioner, v. LEVITTOWN UNION FREE…

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

Date published: May 20, 2002

Citations

294 A.D.2d 508 (N.Y. App. Div. 2002)
742 N.Y.S.2d 848

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