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JAMES v. HOOSICK FALLS SCH.

239949.

37 Misc.3d 635 (2012)

950 N.Y.S.2d 897

2012 NY Slip Op 22261

In the Matter of DENNIS JAMES, Petitioner, v. HOOSICK FALLS CENTRAL SCHOOL DISTRICT et al., Respondents.

Supreme Court, Rensselaer County.

September 18, 2012.

Attorney(s) appearing for the Case

Tabner, Ryan & Keniry LLP, Albany ( William F Ryan Jr. of counsel), for respondents. Gleason, Dunn, Walsh & O'Shea, Albany ( Ronald G. Dunn , and Daniel A. Jacobs of counsel), for petitioner.

OPINION OF THE COURT

MICHAEL C. LYNCH, J.

In January 2011, petitioner was terminated from his employment as a custodian with the Hoosick Falls Central School District pursuant to the procedures set forth in Civil Service Law § 75. By memorandum and order dated March 29, 2012, the Appellate Division determined that the penalty of termination was "so disproportionate as to be shocking to one's sense of fairness...

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