Legal Opinion

Nino v. Yonkers City School District

New York Court of Appeals

Decided February 7, 1978PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed, with costs, and the determination of the board of education dismissing the respondent reinstated. The sole issue presented by this appeal is whether the Appellate Division properly reduced the sanction imposed by appellant board of education upon respondent teacher from dismissal to a temporary suspension without pay. It is now well settled that an administrative penalty is not to be set aside as excessive unless it is so "clearly disproportionate to the offense and completely inequitable in light of the…

2Cited by6 opinions

  1. Sterling Investment, Inc. v. State, Department of Commerce, Securities DivisionSupreme Court of Minnesota · 1979
  2. Fitzpatrick v. Board of Education of Mamaroneck Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
  3. Board of Education of the City School District v. MillsAppellate Division of the Supreme Court of the State of New York · 1998
  4. Katz v. AmbachAppellate Division of the Supreme Court of the State of New York · 1984
  5. Adlerstein v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1983

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