MATTER OF PELL v. BD. OF EDUC.


34 N.Y.2d 222 (1974)

In the Matter of Edwin A. Pell, Jr., Respondent-Appellant, v. Board of Education of Union Free School District No. 1 of the Towns of Scarsdale and Mamaroneck, Westchester County, Appellant-Respondent. In the Matter of Thomas Muldoon, a Policeman of the Syracuse Police Department, Respondent, v. Mayor of Syracuse et al., Appellants. In the Matter of Irwin Chilson, Appellant, v. Board of Education of the City of New York et al., Respondents. In the Matter of Hugh Best, Respondent, v. William J. Ronan, as Chairman of the New York City Transit Authority, Appellant. In the Matter of Kenneth Abbott, Respondent, v. Arthur Phillips et al., Constituting the Board of Trustees of the Village of Mamaroneck, Appellants.

Court of Appeals of the State of New York.

Argued February 19, 1974.

Submitted March 29, 1974.

Argued March 18, 1974.

Argued February 20, 1974.

Decided May 15, 1974.


Attorney(s) appearing for the Case

Benjamin Burstein and Harold M. Miller for appellant-respondent in the first above-entitled proceeding.

Jeremiah S. Gutman and Eugene N. Harley for respondent-appellant in the first above-entitled proceeding.

Edward P. Kearse, Corporation Counsel (Carl W. Dengel of counsel), for appellants in the second above-entitled proceeding.

George T. Dunn for respondent in the second above-entitled proceeding.

Samuel Resnicoff and Benjamin Heller for appellant in the third above-entitled proceeding.

Norman Redlich, Corporation Counsel (Bernard Burstein of counsel), for respondents in the third above-entitled proceeding.

John A. Murray, John G. de Roos and Helen R. Cassidy for appellant in the fourth above-entitled proceeding.

George C. Stewart and Jacques F. Rose for respondent in the fourth above-entitled proceeding.

Michael J. Trainor and Maurice F. Curran for appellants in the fifth above-entitled proceeding.

John J. Martirano and Barry D. Marcus for respondent in the fifth above-entitled proceeding.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur.


STEVENS, J.

In separate article 78 proceedings each of the appellants seeks review of actions taken by the respective Appellate Divisions in matters affecting the discipline of public employees. In recent years there has been inadequate understanding and undoubtedly some inconsistency in judicial review of administrative disciplinary determinations. For that reason it may be useful to restate some applicable...

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