Matter of Russo v New York City Dept. of Educ.

Matter of Russo v New York City Dept. of Educ. 2015 NY Slip Op 02870 Decided on April 7, 2015 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 7, 2015
No. 102 SSM 8

[*1]In the Matter of Anthony J. Russo, Respondent,

v

New York City Department of Education, Appellant.

Submitted by Kathy Chang Park, for appellant.

Submitted by Anthony J. Russo, respondent, pro se.

On review of submissions pursuant to section 500.11 of the Rules, order insofar as appealed from reversed, with costs, New York City Department of Education's cross motion to dismiss the petition granted in its entirety, and certified question answered in the negative. We cannot say that "the penalty of [termination] . . . shocks the judicial conscience" (Matter of Kelly v Safir , 96 NY2d 32, 40 [2001]; 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, 234-235 [1974]). Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Decided April 7, 2015