Amos v. Board of Education of Cheektowaga-Sloan Union Free School District

Simons, J. (concurring).

I concur in the decision to annul the Board of Education’s decision and order reinstatement of petitioner, but I would do so on different grounds. In my *305judgment, the Board’s decision to remove petitioner because she was not certified to teach English was an excessive penalty in view of her excellent past record as a teacher and the fact that she lacked only four credit hours to achieve certification at the time (CPLR 7803, subd 3). I would grant the petitioner relief by modifying the penalty imposed to one of suspension without pay until February 1, 1976, the date on…