You are here: / / THREE CASES IN WHICH THE APPELLATE DIVISIONS FOUND THE TERMINATION OF TEACHERS...
,

THREE CASES IN WHICH THE APPELLATE DIVISIONS FOUND THE TERMINATION OF TEACHERS TOO SEVERE A PUNISHMENT REVERSED, APPELLATE DIVISIONS HAD EXCEEDED THEIR AUTHORITY TO REVIEW ADMINISTRATIVE PENALTIES (CT APP).

The Court of Appeals, in a brief memorandum decision supplemented by an extensive memorandum by Judge Rivera, reversed the appellate divisions in three cases involving teachers who were terminated from their employment in administrative proceedings. In all three cases, the appellate divisions had found termination too severe a punishment. The Court of Appeals reinstated the punishment (termination) and explained in depth how the appellate divisions had exceeded their statutory powers for review of administrative determinations:

From the Concurring Memorandum: Termination of employment for the misconduct evinced in these three appeals is neither irrational nor such an affront to one's sense of fairness as to shock the conscience. This Court has repeatedly explained that under this “rigorous” standard, an administrative sanction may not be disturbed unless it is “disproportionate to the misconduct . . . of the individual, or the harm or risk of harm to the agency or the public” … . Whether a punishment may deter future misconduct and reflects societal standards given the nature of the offense are appropriate factors for judicial consideration. A difference of opinion as to the appropriate penalty, however, “does not provide a basis for vacating the arbitral award or refashioning the penalty” … . As in these appeals, dismissal is not a shocking response to cases in which a teacher encourages cheating, falsifies documents leaving a student without educational services, or crosses the line of proper student-teacher interactions by making sexually suggestive inquiries about a student's relatives. Matter of Bolt v New York City Dept. of Educ., 2018 NY Slip Op 00090, Ct App 1-9-18

ADMINISTRATIVE LAW (EDUCATION-SCHOOL LAW, THREE CASES IN WHICH THE APPELLATE DIVISIONS FOUND THE TERMINATION OF TEACHERS TOO SEVERE A PUNISHMENT REVERSED, APPELLATE DIVISIONS HAD EXCEEDED THEIR AUTHORITY TO REVIEW ADMINISTRATIVE PENALTIES (CT APP))/EDUCATION-SCHOOL LAW (ADMINISTRATIVE LAW, THREE CASES IN WHICH THE APPELLATE DIVISIONS FOUND THE TERMINATION OF TEACHERS TOO SEVERE A PUNISHMENT REVERSED, APPELLATE DIVISIONS HAD EXCEEDED THEIR AUTHORITY TO REVIEW ADMINISTRATIVE PENALTIES (CT APP))/EMPLOYMENT LAW (EDUCATION-SCHOOL LAW, ADMINISTRATIVE LAW,  THREE CASES IN WHICH THE APPELLATE DIVISIONS FOUND THE TERMINATION OF TEACHERS TOO SEVERE A PUNISHMENT REVERSED, APPELLATE DIVISIONS HAD EXCEEDED THEIR AUTHORITY TO REVIEW ADMINISTRATIVE PENALTIES (CT APP))/TEACHERS (ADMINISTRATIVE LAW,  EMPLOYMENT LAW, THREE CASES IN WHICH THE APPELLATE DIVISIONS FOUND THE TERMINATION OF TEACHERS TOO SEVERE A PUNISHMENT REVERSED, APPELLATE DIVISIONS HAD EXCEEDED THEIR AUTHORITY TO REVIEW ADMINISTRATIVE PENALTIES (CT APP))

You might also like
Defendant Who Pled Guilty Without Counsel and Who Was Not Advised of His Right to Appeal May Raise a “Deprivation of the Right to Counsel” Claim In a Motion to Vacate the Judgment of Conviction, Even Though the Issue Could Have Been Raised on Direct Appeal (No Appeal Was Perfected)
Court’s Unjustifiably Narrow Interpretation of Jury’s Request for Evidence Required Reversal
THE OMISSION OF NON-ELEMENTAL FACTUAL INFORMATION, HERE THE TIME OF THE INCIDENT, FROM THE WAIVER OF INDICTMENT FORM WAS A DEFECT WAIVED BY THE GUILTY PLEA (CT APP).
Lump Sum Payments for Pending Workers’ Compensation Claims Made by Municipalities Choosing to Withdraw from a Workers’ Compensation Self-Insurance Fund Must Be Discounted to Present Value
Question of Fact Raised by Verified Pleadings Re When Accident Happened
THE MISDEMEANOR COMPLAINT DID NOT ALLEGE SUFFICIENT FACTS TO DETERMINE WHETHER THE SYNTHETIC CANNABINOID DEFENDANT WAS CHARGED WITH POSSESSING WAS ONE OF THE SYNTHETIC CANNABINOIDS DESIGNATED AS CONTROLLED SUBSTANCES BY THE PUBLIC HEALTH LAW (CT APP).
RELEASE SIGNED BY PLAINTIFF’S DECEDENT IN 1997 DID NOT ENTITLE CHEVRON TO SUMMARY JUDGMENT IN THIS ASBESTOS-MESOTHELIOMA CASE (CT APP).
Re-Sentencing Under Drug Law Reform Act—Court Does Not Have Authority to Make Sentences Concurrent if Original Sentences Consecutive

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DEFENDANT’S STATEMENT IN A POLICE REPORT ACKNOWLEDGING FAILURE TO STOP... COMPLAINT ALLEGING LEGAL MALPRACTICE STATED A CAUSE OF ACTION, WHETHER PLAINTIFF...