Opinion
2013-12-4
In the Matter of Frederick BERMEL, petitioner v. Dennis M. WALCOTT, etc., et al., respondents.
Arthur H. Forman, Forest Hills, N.Y., for petitioner. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Paul T. Rephen of counsel), for respondents.
Arthur H. Forman, Forest Hills, N.Y., for petitioner. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Paul T. Rephen of counsel), for respondents.
Proceeding pursuant to CPLR article 78 to review a determination of the Chancellor of the New York City Department of Education dated June 14, 2011, which adopted the findings and recommendation of a hearing officer, made after a hearing, finding the petitioner guilty of certain charges of misconduct, and terminated the petitioner's employment.
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
Contrary to the petitioner's contention, the determination of the Chancellor of the New York City Department of Education that the petitioner was guilty of certain charges of misconduct was supported by substantial evidence in the record ( see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 179, 408 N.Y.S.2d 54, 379 N.E.2d 1183). Moreover, the penalty imposed is not so disproportionate to the offenses committed by the petitioner as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law ( see Matter of Kelly v. Safir, 96 N.Y.2d 32, 38, 724 N.Y.S.2d 680, 747 N.E.2d 1280; see also Matter of Winters v. Board of Educ. of Lakeland Cent. School Dist., 99 N.Y.2d 549, 550, 754 N.Y.S.2d 200, 784 N.E.2d 73; Matter of Barhite v. Village of Medina, 23 A.D.3d 1114, 1115, 804 N.Y.S.2d 526; Matter of Rogers v. Sherbourne–Earlville Cent. School Dist., 17 A.D.3d 823, 825, 792 N.Y.S.2d 738; Matter of Foster v. Saratoga Springs City School Dist., 16 A.D.3d 824, 826, 790 N.Y.S.2d 748). DILLON, J.P., ANGIOLILLO, ROMAN and SGROI, JJ., concur.