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MATTER OF WILL v. FRONTIER CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION

97 N.Y.2d 690 (2002)

765 N.E.2d 293

739 N.Y.S.2d 90

In the Matter of DONNA M. WILL, Respondent, v. FRONTIER CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, Appellant.

Court of Appeals of the State of New York.

Decided January 8, 2002.

Attorney(s) appearing for the Case

Hodgson Russ L. L. P., Buffalo (Jeffrey F. Swiatek and Jason E. Markel of counsel), for appellant.

James R. Sandner, Albany, and Deborah A. Milham for respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.

Petitioner's alcohol-related conduct jeopardized public safety and the safety of the schoolchildren in her charge. The School Board has a special obligation to safeguard the well-being of its students. Accordingly, "we cannot conclude that the penalty of dismissal imposed * * ...

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