# Winters v. Board of Education of Lakeland Central School District

> New York Court of Appeals · December 17, 2002 · 99 N.Y.2d 549

URL: https://www.frixlaw.com/law-library/cases/5543111

## Case

- **Full name:** In the Matter of Hugh Winters v. Board of Education of Lakeland Central School District
- **Court:** New York Court of Appeals
- **Decided:** December 17, 2002
- **Citations:** 99 N.Y.2d 549; 754 N.Y.S.2d 200; 784 N.E.2d 73; 2002 N.Y. LEXIS 4021
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5543111

## Opinion text

OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the school district’s determination terminating petitioner reinstated.
The school district terminated petitioner as head custodian of a high school after it adopted the findings and penalty determination of the disciplinary Hearing Officer who found petitioner had engaged in misconduct, including a breach of trust when he removed and copied a document he found on the principal’s desk. The Appellate Division concluded that the penalty of termination was disproportionate to the offense. Under the circumstances of this case, particularly in light of petitioner’s statement that he “probably would” act in a similar manner if placed in the same situation, “we cannot conclude that the penalty of dismissal imposed * * * shocks the judicial conscience” (Matter of Kelly v Safir, 96 NY2d 32, 39-40 [2001]; see also Matter of Pell v Board of Educ., 34 NY2d 222 , 233 [1974]). Accordingly, it is unnecessary to address the school district’s remaining argument.
*551 Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur in memorandum.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, reversed, etc.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5543111. Public record. Not legal advice.