Winters v. Board of Education of Lakeland Central School District
Cases that cite this one
13 later published cases cite this decision.
- Gongora v. New York City Department of Education (New York Supreme Court 2010)
- GAFFNEY, BRIAN D. v. ADDISON, SHARON (Appellate Division of the Supreme Court of New York 2015)
- Gaffney v. Addison (Appellate Division of the Supreme Court of New York 2015)
- Gaffney v. Addison (Appellate Division of the Supreme Court of New York 2015)
- Leon v. Department of Education (Appellate Division of the Supreme Court of New York 2014)
- Leon v. Department of Education (Appellate Division of the Supreme Court of New York 2014)
- Bermel v. Walcott (Appellate Division of the Supreme Court of New York 2013)
- Bermel v. Walcott (Appellate Division of the Supreme Court of New York 2013)
- Cipollaro v. New York City Department of Education (Appellate Division of the Supreme Court of New York 2011)
- Foster v. Saratoga Springs City School District (Appellate Division of the Supreme Court of New York 2005)
- Rogers v. Sherburne-Earlville Central School District (Appellate Division of the Supreme Court of New York 2005)
- Barhite v. Village of Medina (Appellate Division of the Supreme Court of New York 2005)
- Kreisler v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2003)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the school district’s determination terminating petitioner reinstated.
The school district terminated petitioner as head custodian of a high school after it adopted the findings and penalty determination of the disciplinary Hearing Officer who found petitioner had engaged in misconduct, including a breach of trust when he removed and copied a document he found on the principal’s desk. The Appellate Division concluded that the penalty of termination was disproportionate to the offense. Under the circumstances of this case, particularly in light of petitioner’s statement that he “probably would” act in a similar manner if placed in the same situation, “we cannot conclude that the penalty of dismissal imposed * * * shocks the judicial conscience” (Matter of Kelly v Safir, 96 NY2d 32, 39-40 [2001]; see also Matter of Pell v Board of Educ., 34 NY2d 222, 233 [1974]). Accordingly, it is unnecessary to address the school district’s remaining argument.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.