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MATTER OF RILEY v. CITY OF NEW YORK

4947, 100517/10.

84 A.D.3d 442 (2011)

921 N.Y.S.2d 849

In the Matter of BEVERLY RILEY, Respondent, v. CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 3, 2011.

We find the penalty so disproportionate as to be shocking to our sense of fairness (see Lackow v Department of Educ. [or "Board"] of City of N.Y., 51 A.D.3d 563, 569 [2008]). The student admitted that she sustained no physical or emotional injury as a result of the incident, and in the 15 years preceding the incident, petitioner had received not a single formal reproach (compare Matter of Weinstein v Department of Educ. of City...

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