Matter of Beatty v. City of New York

Friedman, J.P., and Andrias, J.,

dissent in a memorandum by Andrias, J., as follows: Contrary to the majority’s determination, considering all relevant circumstances, including the nature and severity of the misconduct and the mitigating factors raised by petitioner, the penalty of termination is not so disproportionate to the charged offenses as to shock one’s sense of fairness (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 233 [1974]). Therefore, I respectfully dissent.

Petitioner, a special education…