| Matter of Russo v New York City Dept. of Educ. |
| 2015 NY Slip Op 02870 [25 NY3d 946] |
| April 7, 2015 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, May 13, 2015 |
| In the Matter of Anthony J. Russo, Respondent, v New York City Department of Education, Appellant. |
Decided April 7, 2015
Matter of Russo v New York City Dept. of Educ., 119 AD3d 416, reversed.
Zachary W. Carter, Corporation Counsel, New York City (Kathy Chang Park and Richard Dearing of counsel), for appellant.
Anthony J. Russo, respondent pro se.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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 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, Pigott, Rivera, Abdus-Salaam, Stein and Fahey.