Cheeseboro v. Board of Education
Cases that cite this one
2 later published cases cite this decision.
- Rabidou v. County of Dutchess (Appellate Division of the Supreme Court of New York 2012)
- Matter of Cupo v. Uniondale Fire Dist. (Appellate Division of the Supreme Court of New York 2020)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Contrary to the petitioner’s contention, the determination that she was guilty of misconduct and incompetence was supported by substantial evidence in the record, including, inter alia, eyewitness testimony regarding an incident in which the petitioner instructed a student to convey a threat and profanity to another student (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 179-180 [1978]; Matter of Overton v Board of Educ. of the Yonkers City School Dist., 72 AD3d 1094
Moreover, the penalty of termination was not so disproportionate to the offense as to be shocking to one’s sense of fairness, thus constituting an abuse of discretion as a matter of law (see Matter of Kreisler v New York City Tr. Auth., 2 NY3d 775 [2004]; Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d at 237; Matter of Overton v Board of Educ. of the Yonkers City School Dist., 72 AD3d 1094 [2010]).
The petitioner’s remaining contentions are without merit. Dillon, J.E, Florio, Dickerson and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.