Matter of Gray v LaFountain,38 NY3d at 932 (2022)

2022 NY Slip Op 01870 [38 NY3d 932]
March 17, 2022
Court of Appeals

[*1]

In the Matter of Yvonne Gray, Respondent,
v
R. Anthony LaFountain, as Town Supervisor of Town of Penfield, et al., Appellants.

Decided March 17, 2022

Matter of Gray v LaFountain, 193 AD3d 1324, reversed.

{**38 NY3d at 932} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), determination appealed from and order of the Appellate Division brought up for review reversed, with costs, and petition dismissed. Substantial evidence supports respondents’ determination finding petitioner guilty of charges one and two. Moreover, in light of all the circumstances, including the unchallenged findings of guilt on charges three and four, the penalty of termination was not so disproportionate to the offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 233-235 [1974]).

Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro concur; Judge Troutman took no part.