Matter of Lozinak v Board of Educ. of the Williamsville Cent. Sch. Dist.
2014 NY Slip Op 08790 [24 NY3d 1048]
Court of Appeals
December 17, 2014
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 4, 2015
APPEARANCES OF COUNSEL
Harris Beach PLLC, Pittsford (Edward A. Trevvett of counsel), for appellant.
Office of General Counsel, New York State United Teachers, Buffalo (Timothy Connick and Richard E. Casagrande of counsel), for respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, and petition dismissed. We cannot say that “the penalty of [termination] . . . shocks the judicial conscience” (Matter of Kelly v Safir, 96 NY2d 32, 40 [2001]; see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 234-235 [1974]).
Concur: Chief Judge Lippman and Judges Read, Smith, Pigott, Rivera and Abdus-Salaam.