Legal Opinion

Youhas v. Nanuet Union Free School District

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

Decided December 3, 1984Published

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 to review a determination of respondents dated February 1, 1983, which, after a hearing, dismissed petitioner from his position as a school custodian.

Determination confirmed and proceeding dismissed on the merits, with costs.

There is substantial evidence to support the findings of the hearing officer as well as the determination of the Board of Education of the Nanuet Union Free School District (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). The penalty of dismissal is not disproportionate to petitioner’s misconduct (see Matter…

2Cases cited2 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Ronkese v. Board of Education of the Highland Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1981

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