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MATTER OF SWEET v. BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF NEW YORK

56 A.D.2d 604 (1977)

In the Matter of Charles Sweet, Petitioner, v. Board of Education of the City School District of the City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 15, 1977

Determination confirmed and proceeding dismissed on the merits, with costs.

We hold that the determination of petitioner's guilt was based upon substantial evidence and that the punishment of dismissal was not "`"so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness".'" (See Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233.) There was considerable testimony...

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