Principe v. New York City Department of Education, 20 N.Y.3d 963

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly determined that the penalty of termination imposed on petitioner was excessive in light of all the circumstances (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, 233 [1974]).

Concur: Chief Judge Lippman and Judges Cipakick, Graffeo, Read and Pigott. Judge Smith dissents and votes to reverse for the reason that it cannot be concluded, as a matter of law, that the penalty of termination shocks the judicial conscience (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, 233 [1974]).

Case Details

Case Name: Principe v. New York City Department of Education

Court Name: New York Court of Appeals

Date Published: Dec 13, 2012

Citations: 20 N.Y.3d 963; 982 N.E.2d 88; 958 N.Y.S.2d 325

Court Abbreviation: NY