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MATTER OF PRINCIPE v. NEW YORK CITY DEPT. OF EDUC.

No. 240 SSM 41.

20 N.Y.3d 963 (2012)

982 N.E.2d 88

958 N.Y.S.2d 325

2012 NY Slip Op 8568

In the Matter of PETER PRINCIPE, Respondent, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Appellant.

Court of Appeals of New York.

Decided December 13, 2012.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Julian L. Kalkstein of counsel), for appellant.

Lichten & Bright, PC, New York City ( Stuart Lichten of counsel), for respondent.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and PIGOTT concur. Judge SMITH dissents and votes to reverse for the reason that it cannot be concluded, as a matter of law, that the penalty of termination shocks the judicial conscience ( , 233 [1974]).

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 affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly determined that the penalty of termination imposed on petitioner was excessive in light of all the circumstances (see Matter of Pell v Board of Educ. of Union Free School...

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