MATTER OF LINFIELD v. Nyquist

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Petitioner’s sole contention on this appeal is that the pen*1007alty of dismissal from her position as a tenured high school teacher is excessive. However, in light of the affirmed findings of incompetent and inefficient service in this case, we cannot say, as a matter of law, that the sanction of dismissal was inappropriate. (Matter of Pell v Board of Educ., 34 NY2d 222.)

We recognize that, in consequence of the by-law provision cited by the dissenter, the action of the board of education will work a…