Legal Opinion

Koch v. Webster Central School District Board of Education

New York Court of Appeals

Decided November 11, 1982PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

On review of submissions pursuant to rule 500.2 (b) of the rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, without costs.

Review pursuant to CPLR 7803 (subd 3), whether by Special Term or the Appellate Division, of the discretion exercised by a board of education in dismissing an employee for misconduct is limited to whether the board’s discretion was abused as a matter of law (Matter of Pell v Board of Educ., 34 NY2d 222, 234). The discretion exercised in such matters of internal discipline is of a “broader range because of ‘the complexity…

2Cases cited3 opinions

  1. Ahsaf v. NyquistNew York Court of Appeals · 1975
  2. Matter of Di Vito v. State of New York, Dep't of LaborNew York Court of Appeals · 1979
  3. Gailband v. ChristianNew York Court of Appeals · 1982

3Cited by5 opinions

  1. Rudner v. Board of Regents of the New York State Department of EducationAppellate Division of the Supreme Court of the State of New York · 1984
  2. Fitzpatrick v. Board of Education of Mamaroneck Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
  3. Carlan v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1987
  4. Tinney v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1995
  5. Colby v. SiebertAppellate Division of the Supreme Court of the State of New York · 1987

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