Legal Opinion

Will v. Frontier Central School District Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 2001Published

1Opinion of the Court

—Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Upon our review of the record, we conclude that the termination of petitioner “ ‘is so disproportionate to the offense, in light of all the circumstances, as to be shocking to one’s sense of fairness’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 232, quoting Matter of Stolz v Board of Regents, 4 AD2d 361, 364). Although respondent has a duty to protect its students from harm (see, Matter of Benson v Board of…

2Cases cited5 opinions

  1. Stolz v. Board of Regents of the UniversityAppellate Division of the Supreme Court of the State of New York · 1957
  2. Johnson v. Town of ArcadeAppellate Division of the Supreme Court of the State of New York · 2001
  3. Benson v. Board of Education of the Washingtonville Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1994
  4. Benson v. Board of Education of the Washingtonville Central School DistrictNew York Court of Appeals · 1995
  5. Comins v. Camden Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1995

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