Opinion
August 19, 1985
Appeal from the Supreme Court, Kings County (Pino, J.).
By order dated January 18, 1982, this court reversed the amended judgment and annulled the determination of the Board of Education and directed that petitioner be reinstated with back pay ( Matter of Wiggins v. Board of Educ., 86 A.D.2d 614). By order of the Court of Appeals, dated December 1, 1983, the order of this court was reversed and the matter was remitted here "for further proceedings in accordance with the opinion herein" ( Matter of Wiggins v. Board of Educ., 60 N.Y.2d 385, 389).
Upon remittitur and review of the facts, amended judgment of the Supreme Court, Kings County, modified, on the law, by deleting the provision thereof which set aside the determination of the Board of Education insofar as it dismissed petitioner from his position and instead ordered his suspension for 30 days without pay, and substituting therefor a provision confirming the determination of the Board of Education dismissing petitioner from employment and dismissing the proceeding on the merits. As so modified, judgment affirmed, without costs or disbursements.
The penalty of dismissal was not an abuse of discretion ( see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Santarella v. New York City Dept. of Correction, 53 N.Y.2d 948). Mollen, P.J., Mangano, Gibbons and Thompson, JJ., concur.