IN RE BEVERLY RILEY

We find the penalty so disproportionate as to be shocking to our sense of fairness ( see Lackow v Department of Educ. [or "Board"] of City of N.Y., 51 AD3d 563, 569). The student admitted that she sustained no physical or emotional injury as a result of the incident, and in the 15 years preceding the incident, petitioner had received not a single formal reproach ( compare Matter of Weinstein v Department of Educ. of City of N.Y., 19 AD3d 165, lv denied 6 NY3d 706, Matter of Solis v Department of Educ. of City of N.Y., 30 AD3d 532, and Gabriel v New York City Dept. of Educ., 2009 NY Slip Op 32249[U], with Matter of Ebner v Board of Educ. of E. Williston Union Free School Dist. No. 2, N Hempstead, 42 NY2d 938).

[Prior Case History: 2010 NY Slip Op 32540(U).]