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, 34 N.Y.2d 222

Summary

Five separate proceedings against public employees resulted in dismissal of each employee for violating administrative rules. The lower courts in four cases overturned the dismissal and provided a lesser penalty. The court of appeals consolidated the parties' appeals in order to clarify judicial review of administrative disciplinary determinations. After stating that reviews were to be confined to matters of law, and discussing the substantial evidence rule and arbitrary and capricious standard, the court held that the test for review of penalties was whether the punishment was so disproportionate to the offense, in the light of all the circumstances, as to have been shocking to one's sense of fairness. The court discussed factors used to determine whether a penalty was too harsh. In each case, that of a teacher who falsely certified sick days, an officer who fired his gun and refused a blood test, an inspector who took bribes, a transit employee who skimmed money, and an officer who ...