MATTER OF RUSSO v. NEW YORK CITY DEPARTMENT OF EDUCATION, 25 N.Y.3d 946 (2015)
Court: Court of Appeals of New York
Number: innyco20150407209
Visitors: 7
Filed: Apr. 07, 2015
Latest Update: Apr. 07, 2015
Summary: OPINION OF THE COURT On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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 [2001]; see Matter of Pell v Boar
Summary: OPINION OF THE COURT On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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 [2001]; see Matter of Pell v Board..
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OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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 [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 [1974]).
Source: Leagle
