Matter of Principe v New York City Dept. of Educ., 20 NY3d 963 (2012)

2012 NY Slip Op 08568 [20 NY3d 963]
December 13, 2012
Court of Appeals

[*1]

In the Matter of Peter Principe, Respondent,
v
New York City Department of Education, Appellant.

Decided December 13, 2012

Matter of Principe v New York City Dept. of Educ., 94 AD3d 431, affirmed.

{**20 NY3d at 964} 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), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division correctly determined that the penalty of termination imposed on petitioner was excessive in light of all the circumstances (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 [1974]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read and Pigott concur. Judge Smith dissents and votes to reverse for the reason that it cannot be concluded, as a matter of law, that the penalty of termination shocks the judicial conscience (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 [1974]).