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MATTER OF LEVYN v. AMBACH

56 N.Y.2d 912 (1982)

In the Matter of Bernice Levyn, Appellant, v. Gordon M. Ambach, as Commissioner of Education of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 15, 1982.

Attorney(s) appearing for the Case

Paul Henry Janis and James R. Sandner for appellant.

Kenneth Pawson and Robert D. Stone for Gordon M. Ambach, as Commissioner of Education of the State of New York, respondent.

Andrew L. Sichenzie for Board of Education, Community School District No. 20 and another, respondents.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. The commissioner is empowered to substitute his judgment of the proper penalty for that of the hearing panel whose action he was reviewing (Matter of Shurgin v Ambach, 56 N.Y.2d 700). In fixing dismissal as the appropriate penalty, his decision to disregard the testimony of petitioner's psychiatrist...

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