Opinion
SSM1902
Decided January 8, 2002
Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered March 21, 2001, which modified, on the law, and, as modified, affirmed a judgment of the Supreme Court (Rose H. Sconiers, J.), entered in Erie County in a proceeding pursuant to CPLR article 78, dismissing a petition seeking review of respondent School District's determination terminating petitioner from employment as a school bus driver. The modification consisted of vacating the penalty and remitting the matter for imposition of an appropriate penalty not to exceed a one-year suspension.
After petitioner school bus driver reported to work with an elevated blood alcohol level, respondent School District terminated her employment. Supreme Court dismissed the petition seeking review of the determination. The Appellate Division vacated the penalty, and remitted the matter to respondent for imposition of a penalty not to exceed a one-year suspension without pay.
Submitted by Jeffrey F. Swiatek, for appellant.
Submitted by Deborah A. Milham, for respondent.
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.
MEMORANDUM:
The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.
Petitioner's alcohol-related conduct jeopardized public safety and the safety of the schoolchildren in her charge. The School Board has a special obligation to safeguard the well-being of its students. Accordingly, "we cannot conclude that the penalty of dismissal imposed * * * shocks the judicial conscience" (Matter of Kelly v. Safir, 96 N.Y.2d 32, 39-40; see also, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233).
On review of submissions pursuant to section 500.4 of the Rules, order, insofar as appealed from, reversed, with costs, and petition dismissed in its entirety, in a memorandum.