MATTER OF SCHARF v. LEVITTOWN UNION FREE SCHOOL DISTRICT

Decision Date20 May 2002
Citation742 N.Y.S.2d 848,294 A.D.2d 508
PartiesIn the Matter of DOROTHY F. SCHARF, Petitioner,<BR>v.<BR>LEVITTOWN UNION FREE SCHOOL DISTRICT, Respondent.
CourtNew York Supreme Court — Appellate Division

Santucci, J.P., Altman, McGinity and Adams, JJ., concur.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determination of the Levittown Union Free School District (hereinafter the District) that the petitioner was incompetent in her position as a stenographic secretary and engaged in misconduct is supported by substantial evidence in the record (see Matter of Lahey v Kelly, 71 NY2d 135; Matter of Decker v Scoralick, 209 AD2d 517). The Hearing Officer carefully weighed the conflicting testimony and assessed the credibility of the witnesses (see Matter of Berenhaus v Ward, 70 NY2d 436; Matter of Silberfarb v Board of Coop. Educ. Serv., 60 NY2d 979). The penalty imposed, discharging the petitioner from her employment position, was not so disproportionate "as to be shocking to one's sense of fairness" (Pell v Board of Educ., 34 NY2d 222, 233).

Moreover, contrary to the petitioner's contention, the Hearing Officer was properly designated. There was a specific designation of the officer contained in the written notice of charges, and a written resolution adopted by the District's Board of Education incorporating the notice of charges by reference (see Salley v Hempstead School Dist., 121 AD2d 547).

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2 cases
  • Arthur v. Soares
    • United States
    • New York Supreme Court — Appellate Division
    • May 31, 2012
    ...respondent separately issues a written resolution incorporating the notice by reference ( see Matter of Scharf v. Levittown Union Free School Dist., 294 A.D.2d 508, 509, 742 N.Y.S.2d 848 [2002],lv. denied98 N.Y.2d 613, 749 N.Y.S.2d 476, 779 N.E.2d 187 [2002] ), respondent provides us with n......
  • MATTER OF FITZROY ZACHARIOUS R.
    • United States
    • New York Supreme Court — Appellate Division
    • May 20, 2002

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