Summary
In Borkhuis v. Quinn, 158 AD2d 917 (4th Dept 1990), the court held that the dismissal of a school bus driver on three charges of misconduct was shocking to one's sense of fairness where the driver had an excellent driving record for 20 years, and received awards and commendations for her work; "[u]nder the circumstances presented, we consider a suspension without pay for 12 months to be the most severe sanction that should be imposed."
Summary of this case from In re Middleton v. N.Y.C. D.O.E.Opinion
February 2, 1990
Appeal from the Supreme Court, Steuben County, Finnerty, J.
Present — Dillon, P.J., Denman, Green, Balio and Lawton, JJ.
Determination unanimously modified on the law and as modified confirmed without costs, and matter remitted to respondents for further proceedings, in accordance with the following memorandum: The determination that petitioner, a school bus driver, was guilty of three charges of misconduct is supported by substantial evidence. However, since petitioner had an excellent driving record for 20 years and has received awards and commendations for her work, the penalty of dismissal is so disproportionate to the offense as to be shocking to one's sense of fairness (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233-234). Therefore, we remit the matter to respondents for imposition of an appropriate sanction. Under the circumstances, we consider a suspension without pay for 12 months to be the most severe sanction that should be imposed (see, Matter of Harris v Mechanicville Cent. School Dist., 45 N.Y.2d 279, 285; Matter of Gross v Mariglio, 149 A.D.2d 922, 923). We have examined petitioner's remaining contention and find it lacking in merit.