Gargiul v. Board of Education

Determination unanimously confirmed, without costs. Memorandum: In this CPLR article 78 proceeding petitioner seeks to annul the determination of the Board of Education of the Liverpool Central School District which found that she was insubordinate and incompetent and dismissed her from her employment retroactive to March 17, 1975. The board’s finding that petitioner was incompetent is supported by substantial evidence and the punishment imposed is not so disproportionate "' "as to be shocking to one’s sense of fairness”.’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233). We do not agree…