Search for: "Disciplinary Board v. Light"
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20 Dec 2010, 2:48 am
Modifying a disciplinary penaltyBrown v Penn Yan CSD, 275 AD2d 931Knight v BOCES, App. [read post]
22 Mar 2023, 6:00 am
In this case the Appellate Division applied the lesson set out in the Court of Appeals' decision in Pell v Board of Educucation of Union Free School Dist. [read post]
22 Mar 2023, 6:00 am
In this case the Appellate Division applied the lesson set out in the Court of Appeals' decision in Pell v Board of Educucation of Union Free School Dist. [read post]
3 Oct 2019, 5:00 am
* [Pell v Board of Education, 34 NY2d 222.The decision is posted on the Internet at:https://www.leagle.com/decision/1997958237ad2d7211189Click here to Read a FREE excerpt from NYPER's A Reasonable Disciplinary Penalty Under the Circumstances [read post]
3 Oct 2019, 5:00 am
* [Pell v Board of Education, 34 NY2d 222.The decision is posted on the Internet at:https://www.leagle.com/decision/1997958237ad2d7211189Click here to Read a FREE excerpt from NYPER's A Reasonable Disciplinary Penalty Under the Circumstances [read post]
17 Aug 2020, 4:00 am
" Finding that "in light of all of the circumstances of this case, the penalty of termination is not irrational and does not shock the conscience," the Appellate Division concluded that Supreme Court should not have granted that branch of the Plaintiff's petition seeking to vacate the penalty of termination of the Plaintiff's employment as a tenured teacher.* Citing Matter of Watkins v Board of Educ. of Port Jefferson Union Free School Dist., 26… [read post]
17 Aug 2020, 4:00 am
" Finding that "in light of all of the circumstances of this case, the penalty of termination is not irrational and does not shock the conscience," the Appellate Division concluded that Supreme Court should not have granted that branch of the Plaintiff's petition seeking to vacate the penalty of termination of the Plaintiff's employment as a tenured teacher.* Citing Matter of Watkins v Board of Educ. of Port Jefferson Union Free School Dist., 26… [read post]
28 Feb 2011, 4:15 am
The Appellate Division said that “the disciplinary charges were ‘reasonably specific, in light of all the relevant circumstances, so as to apprise the party who is the subject of the hearing and to allow such party to prepare an adequate defense,’" citing Matter of Mangini v Christopher, 290 AD2d 740.The court also sustained the penalty imposed, dismissal, holding that it was not so disproportionate to the offense as to be shocking to one's… [read post]
7 Jul 2014, 9:24 am
Paratransit, Inc. v. [read post]
5 Aug 2009, 4:05 am
Disciplinary suspension without pay results in the voiding of the educator's required visaMatter of Brown v Board of Educ. of City School Dist. of City of N.Y., 2009 NY Slip Op 31687(U), July 22, 2009, Supreme Court, New York County, Docket Number: 102678/09, Judge: Eileen A. [read post]
29 Apr 2011, 3:53 am
As to the penalty imposed - dismissal - the Appellate Division said that it was persuaded that the penalty met the Pell standard as it was not “so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness” [Pell v Board of Education, 34 NY2d 222]. [read post]
3 Aug 2012, 4:00 am
” In addition, the court held that “in light of the charges and the [employee’s] duties, the penalty imposed was not so disproportionate to the offenses as to be "shocking to one's sense of fairness," thus constituting an abuse of discretion as a matter of law, citing Pell v Board of Education, 34 NY2d 222. [read post]
26 Aug 2009, 4:00 am
Disciplinary charges must provide information sufficient to prepare a defenseMatter of Capone v Patchogue-Medford Union Free School District, 38 A.D.3d 770Ralph Capone, formerly employed by the Patchogue-Medford Union Free School District as a Custodial Worker I, challenged his termination after he was found guilty of charges filed against him pursuant to §75 of the Civil Service Law. [read post]
21 Jul 2022, 5:00 am
"Addressing the penalty imposed on the Petitioner, termination, the Appellate Division, considering Petitioner's nearly a 30-year career with the employer and her "positive personnel record," concluded that imposing the penalty of termination was not '"so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness," citing Matter of Pell v Board of Educ. of Union Free School… [read post]
21 Jul 2022, 5:00 am
"Addressing the penalty imposed on the Petitioner, termination, the Appellate Division, considering Petitioner's nearly a 30-year career with the employer and her "positive personnel record," concluded that imposing the penalty of termination was not '"so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness," citing Matter of Pell v Board of Educ. of Union Free School… [read post]
18 Dec 2017, 4:37 am
On 6 December 2017, the Supreme Court unanimously allowed the appeal in O’Connor v Bar Standards Board [2017] UKSC 78. [read post]
9 Oct 2015, 6:30 am
A court’s review of the disciplinary penalty imposed on an employee is whether the penalty imposed constitutes an abuse of discretion as a matter of lawPeterson v City of Poughkeepsie, 2015 NY Slip Op 07031, Appellate Division, Second DepartmentRonald J. [read post]
3 Oct 2008, 11:15 am
Appellate Division rules disciplinary penalty imposed on employee excessiveMatter of Gomez v Kelly, 2008 NY Slip Op 07181, Decided on October 2, 2008, Appellate Division, First DepartmentNew York City Police Commissioner Raymond W. [read post]
3 Aug 2018, 4:00 am
The seminal case in New York Stateregarding standards of fairness is the Pell decision [Pell v Board of Education, 34 NY2d 222]. [read post]
30 Mar 2021, 4:00 am
" Citing Pell v Board of Educ. of Union Free School Dist. [read post]
