Riley v. City of New York

Order and judgment (one paper), Supreme Court, New York County (Saliann Scarpulla, J.), entered September 20, 2010, which, inter alia, denied respondents’ motion to deny and dismiss the petition to vacate the termination of petitioner’s employment with respondent Department of Education and remand for a lesser penalty, and remanded the matter for a new penalty determination, unanimously affirmed, without costs.

We find the penalty so disproportionate as to be shocking to our sense of fairness (see Lackow v Department of Educ. [or “Board”] of City of N.Y., 51 AD3d 563, 569 [2008]). The student…