| Matter of Lozinak v Board of Educ. of the Williamsville Cent. Sch. Dist. |
| 2014 NY Slip Op 08790 [24 NY3d 1048] |
| December 17, 2014 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, February 4, 2015 |
| In the Matter of Suzanne Lozinak, Respondent, v Board of Education of the Williamsville Central School District, Appellant. |
Decided December 17, 2014
Matter of Lozinak v Board of Educ. of Williamsville Cent. Sch., 115 AD3d 1216, reversed.
Harris Beach PLLC, Pittsford (Edward A. Trevvett of counsel), for appellant.
Office of General Counsel, New York State United Teachers, Buffalo (Timothy Connick and Richard E. Casagrande 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), order reversed, with costs, and petition dismissed. We cannot say that "the penalty of [termination] . . . shocks the judicial conscience" (Matter of Kelly v Safir, 96 NY2d 32, 40 [2001]; see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 234-235 [1974]).
Concur: Chief Judge Lippman and Judges Read, Smith, Pigott, Rivera and Abdus-Salaam.