# Cohen v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · September 27, 1988 · 143 A.D.2d 531

URL: https://www.frixlaw.com/law-library/cases/5907409

## Case

- **Full name:** In the Matter of Morris Cohen v. Board of Education of the City School District of the City of Buffalo
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 27, 1988
- **Citations:** 143 A.D.2d 531; 533 N.Y.S.2d 28; 1988 N.Y. App. Div. LEXIS 10531
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/5907409

## Opinion text

Determination unanimously confirmed, and petition dismissed without costs. Memorandum: Petitioner, a school psychologist, brought a CPLR article 78 proceeding seeking to annul his termination by the Buffalo Board of Education. At a hearing pursuant to Education Law § 3020-a, the Hearing Panel heard testimony regarding petitioner’s neglect of his professional duties, as well as his insubordination and conduct unbecoming a teacher. Reviewing the testimony and documentary evidence, we find that the Panel’s determination of petitioner’s guilt is supported by substantial evidence (CPLR 7803 [4]) and the penalty of termination was not “so disproportionate to the offense as to be *532 shocking to one’s sense of fairness” (Matter of Pell v Board of Educ., 34 NY2d 222 , 237). (Article 78 proceeding transferred by order of Supreme Court, Erie County, Kubiniec, J.) Present —Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5907409. Public record. Not legal advice.