Hyperlawhypertext legal databasebeta Lozinak v. Board of Education 24 N.Y.3d 1048

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Lozinak v. Board of Education

24 N.Y.3d 1048 Court N.Y. Decision date 2014-12-17 English

Judges Concur: Chief Judge Lippman and Judges Read, Smith, Pigott, Rivera and Abdus-Salaam.

Contents

Majority

p. 1048
[23 NE3d 1021, 998 NYS2d 753]
In the Matter of Suzanne Lozinak, Respondent, v Board of Education of the Williamsville Central School District, Appellant.
Decided December 17, 2014
p. 1049
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.

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 reversed, with costs, and petition dismissed. We cannot say that “the penalty of [termination] . . . shocks the judicial conscience” (Ma tter 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.

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