Opinion
12-17-2014
Harris Beach PLLC, Pittsford (Edward A. Trevvett of counsel), for appellant. Office of General Counsel, New York State United Teachers, Buffalo (Timothy Connick and Richard E. Casagrande of counsel), for respondent.
Harris Beach PLLC, Pittsford (Edward A. Trevvett of counsel), for appellant.
Office of General Counsel, New York State United Teachers, Buffalo (Timothy Connick and Richard E. Casagrande of counsel), for respondent.
Opinion On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11 ), order reversed, with costs, and petition dismissed. We cannot say that “the penalty of [termination] ... shocks the judicial conscience” (Matter of Kelly v. Safir, 96 N.Y.2d 32, 40, 724 N.Y.S.2d 680, 747 N.E.2d 1280 [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, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974] ). Chief Judge LIPPMAN and Judges READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.