Zachary W. Carter, Corporation Counsel, New York City (Kathy Chang Park and Richard Dearing of counsel), for appellant.
Anthony J. Russo, respondent pro se.
Opinion
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 N.Y.2d 32, 40, 724 N.Y.S.2d 680, 747 N.E.2d 1280 [2001] ; see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 234–235, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974] ).
Chief Judge LIPPMAN and Judges READ, PIGOTT, RIVERA, ABDUS–SALAAM, STEIN and FAHEY concur.