Appellate Division of the Supreme Court of New York, 1974

Goldman v. Board of Education

Goldman v. Board of Education
Appellate Division of the Supreme Court of New York · Decided May 6, 1974
44 A.D.2d 828; 355 N.Y.S.2d 169; 1974 N.Y. App. Div. LEXIS 5099
Goldman v. Board of Education

Opinion of the Court

Proceeding pursuant to article 78 of the CPLR to review respondent’s determination which, after a hearing, found petitioner guilty of “ immoral conduct and conduct unbecoming a teacher ” and dismissed him as a teacher. Petition granted to the extent that the determination is modified, on the law, by reducing the penalty from dismissal to a 30-day suspension. As so modified, determination confirmed, without costs. The penalty was excessive and an abuse of discretion to the extent indicated herein. Gulotta, P. J., Hopkins, Latham, Shapiro and Cohalan, JJ., concur.

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