GENESEE VALLEY BOCES v. << (2006)

Petitioner, a tenured administrator employed by respondent, commenced this proceeding pursuant to Education Law § 3020-a(5) and CPLR 7511 challenging his termination following a disciplinary hearing and seeking reinstatement to his former position.   Supreme Court erred in granting the petition to the extent of vacating the arbitration award and remitting the matter for a new hearing on the issue of penalty and in denying the cross motion to confirm the award.   Substantial evidence supports the Hearing Officer's determination that petitioner engaged in conduct that was unbecoming an administrator and demonstrated incompetence (see generally Matter of Hegarty v. Board of Educ. of City of N.Y., 5 A.D.3d 771, 772, 773 N.Y.S.2d 611;  Matter of Carroll [Pirkle], 296 A.D.2d 755, 756, 745 N.Y.S.2d 271, lv. dismissed 98 N.Y.2d 764, 752 N.Y.S.2d 3, 781 N.E.2d 915).   Further, “[i]n light of the litany of specifications proven against him, the penalty of dismissal does not shock the conscience” (Krinsky v. New York City Dept. of Educ., 28 A.D.3d 353, 353, 814 N.Y.S.2d 119;  see Matter of Morey v. Somers Cent. School Dist., 24 A.D.3d 558, 559, 805 N.Y.S.2d 288).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the petition is denied, the cross motion is granted and the arbitration award is confirmed.

MEMORANDUM: