Opinion
2011-09-27
In the Matter of Clavor SCHROETER, petitioner,v.YONKERS CITY SCHOOL DISTRICT, et al., respondents.
Kieran J. Sullivan, White Plains, N.Y., for petitioner.Donoghue, Thomas, Auslander & Drohan, Yonkers, N.Y. (Ana I. Gonzalez of counsel), for respondents.
Proceeding pursuant to CPLR article 78 to review a determination of the Yonkers City School District dated October 15, 2008, which, after a hearing pursuant to Civil Service Law § 75, found the petitioner guilty of charges of misconduct, insubordination, and incompetence, and terminated his employment.
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's contention, the determination that he was guilty of misconduct, insubordination, and incompetence was supported by substantial evidence ( see Matter of Capone v. Patchogue–Medford Union Free School Dist., 38 A.D.3d 770, 771–772, 832 N.Y.S.2d 283; Matter of Truss v. Westchester County Health Care Corp., 301 A.D.2d 607, 607–608, 754 N.Y.S.2d 38; Matter of Grossman v. Kralik, 217 A.D.2d 625, 626, 629 N.Y.S.2d 467; Matter of A.J. & Taylor Rest. v. New York State Liq. Auth., 214 A.D.2d 727, 625 N.Y.S.2d 623; Matter of Romano v. Town Bd. of Town of Colonie, 200 A.D.2d 934, 607 N.Y.S.2d 169). Moreover, the petitioner was not deprived of due process during the course of the administrative hearing ( see Matter of A.J. & Taylor Rest. v. New York State Liq. Auth., 214 A.D.2d 727, 625 N.Y.S.2d 623; see also Matter of Heisler v. Scappaticci, 81 A.D.3d 954, 954–955, 918 N.Y.S.2d 496; Matter of Curto v. Cosgrove, 256 A.D.2d 407, 408, 681 N.Y.S.2d 584).
The petitioner's remaining contention is without merit.
DILLON, J.P., ANGIOLILLO, DICKERSON and COHEN, JJ., concur.