Legal Opinion

Johnson v. Board of Trustees of the Middle Island Public Library

New York Court of Appeals

Decided March 29, 1984PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be modified by remitting the matter to Supreme Court, Suffolk *1016County, for the purpose of determining back pay, if any, due petitioner, and, as so modified, affirmed, with costs to respondent.

There is substantial evidence to support the board’s determination sustaining the charges against petitioner of misconduct and incompetence. Furthermore, we agree with the Appellate Division that the sanction of dismissal is not excessive under the circumstances and does not constitute an abuse of discretion (see Matter of Pell v…

2Cases cited2 opinions

  1. Gerber v. New York City Housing AuthorityNew York Court of Appeals · 1977
  2. Matter of Short v. Nassau County Civil Serv. Comm'nNew York Court of Appeals · 1978

3Cited by7 opinions

  1. Gillen v. Smithtown Library Board of TrusteesNew York Court of Appeals · 1999
  2. Fowler v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1995
  3. Derle v. North Bellmore Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1987
  4. Logan v. Village of New PaltzAppellate Division of the Supreme Court of the State of New York · 1987
  5. Miller v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1986

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