MATTER OF ANTONUCCI v. PORT CHESTER-RYE UNION FREE SCH. DIST.


42 N.Y.2d 878 (1977)

In the Matter of Rudolph G. Antonucci, Respondent, v. Port Chester-Rye Union Free School District et al., Appellants.

Court of Appeals of the State of New York.

Decided June 9, 1977.


Attorney(s) appearing for the Case

Francis J. Sisca for appellant.

James M. Rose and Arthur H. Grae for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Judgment reversed, with costs, and the determination of the superintendent of schools reinstated. The record supports the more severe sanction imposed on petitioner because of his supervisory status, a difference in the charges, and evidence establishing the deliberateness of his conduct. Hence, the sanction imposed by the superintendent, after a full hearing, is not shocking to any sense of fairness, and should...

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