Bowman v. Bd. of Educ. of the Lawrence Union Free Sch. Dist. No. 15, 51 A.D.2d 544 (N.Y. App. Div. 1976). · Go Syfert
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Bowman v. Bd. of Educ. of the Lawrence Union Free Sch. Dist. No. 15, 51 A.D.2d 544 (N.Y. App. Div. 1976). Cases Citing This Book View Copy Cite
“a waiver, unlike estoppel, is dependent solely on what one party intends to do and there is no need to show reliance by the party asserting it.”
21 citation events (1 in the last 25 years) across 7 distinct courts.
Strongest positive: Derry Finance N v. v. Christiana Companies, Inc. (ded, 1985-08-19)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (quoted) Derry Finance N v. v. Christiana Companies, Inc.
D. Del. · 1985 · quote attribution · 1 verbatim quote · confidence low
a waiver, unlike estoppel, is dependent solely on what one party intends to do and there is no need to show reliance by the party asserting it.
Retrieving the full opinion text from the archive…
In the Matter of Percy C. Bowman
v.
Board of Education of the Lawrence Union Free School District No. 15
Appellate Division of the Supreme Court of the State of New York.
Jan 19, 1976.
51 A.D.2d 544
Cited by 1 opinion  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 72%
Citer courts: D. Delaware (1)

Proceeding pursuant to CPLR article 78 by petitioner, a tenured teacher employed by respondent, inter alia, to review respondent’s determination, dated July 16, 1974 and made after a hearing, which found him guilty of the charges of "conduct unbecoming a teacher”, "neglect of duty” and "inefficiency”, and dismissed him from his position. Determination modified, on the law, by reducing the penalty to a fine of $4,000. As so modified, determination confirmed, without costs. The findings of respondent are supported by substantial evidence. However, we hold that the punishment of dismissal was so disproportionate to the offense, in light of all the circum[*545] stances, as to be shocking to one’s sense of fairness (Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, 34 NY2d 222, 233). The punishment imposed was excessive to the extent indicated herein and constituted an abuse of discretion. Gulotta, P. J., Rabin, Hopkins, Martuscello and Cohalan, JJ., concur.