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eBook details

• Title: Matter Joseph Tessier v. Board Education Union Free School District No. 5
• Author : Supreme Court of New York
• Release Date : January 14, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

Although the circumstances are extremely questionable and the testimony of the complaining witnesses is far from convincing, we cannot say that the respondents determination finding the petitioner guilty of the charges herein is not supported by some substantial evidence (Matter of Burke v. Bromberger, 300 N. Y. 248). Accordingly, in such situation, we do not have the power to disturb that finding. It is our opinion, however, under all the circumstances presented by this record, that the drastic penalty of dismissal constitutes excessive punishment and that the penalty of one years suspension with loss of pay, as here imposed, is adequate (cf. Matter of Mitthauer v. Patterson, 8 N.Y.2d 37, 41; Matter of Stolz v. Board of Regents, 4 A.D.2d 361, 364-365; Matter of McGinnis Rest. v. Rohan, 6 A.D.2d 115, 118, affd. 6 N.Y.2d 770). In the very words of the respondents brief, the acts of the petitioner "are not instances of forcible assault but rather instances of imprudent display of affection or the offer of attention." In the past, a censure for such acts has been deemed sufficient punishment (cf. Matter of Greenberg, 69 N. Y. St. Dept. Rep. 50).

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