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IN THE MATTER OF JAIME CARDENAS, petitioner, v. BOARD OF EDUCATION OF YONKERS CITY SCHOOL DISTRICT, ET AL., respondents.

DECISION JUDGMENT

ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

The findings of the hearing officer were supported by substantial evidence. Moreover, the punishment was not so disproportionate to the misconduct as to be shocking to one's sense of fairness (see Matter of Pell v. Board of Educ., 34 N.Y.2d 222).

The petitioner's remaining contentions are without merit.

ALTMAN, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

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IN RE CARDENAS v. B.O.E. OF YONKERS
(Oct 7, 2002)