IN RE: Yvonne GRAY (2022)

Court of Appeals of New York.

IN RE: Yvonne GRAY, Respondent, v. R. Anthony LAFOUNTAIN, as Town Supervisor of Town of Penfield, et al., Appellants.

No. 49 SSM 36

Decided: March 17, 2022

Harris Beach PLLC, Pittsford (Joshua D. Steele and Daniel J. Palermo of counsel), for appellants. Hancock Estabrook, LLP, Syracuse (John G. Powers of counsel), for respondent.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), determination appealed from and order of the Appellate Division brought up for review reversed, with costs, and petition dismissed. Substantial evidence supports respondents' determination finding petitioner guilty of charges 1 and 2. Moreover, in light of all the circumstances, including the unchallenged findings of guilt on charges 3 and 4, the penalty of termination was not so disproportionate to the offenses as to be shocking to one's sense of fairness (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, 233–235, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974]).

Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro concur. Judge Troutman took no part.

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