Opinion
May 18, 1998
Appeal from the Supreme Court, Suffolk County (Tannenbaum, J.).
Ordered that the appeal by Bay Shore Union Free School District, Evelyn Blose Holman, and Joanne J. Poggi is dismissed as withdrawn, without costs or disbursements; and it is further,
Ordered that the judgment is modified, on the law, by (1) deleting the provision thereof which granted the Western Suffolk Board of Cooperative Educational Services access to pages 2-4 and 47-50 of the sealed record on appeal and substituting therefor a provision denying it access to those pages and to the paper which is reproduced at Page 157 of Volume Two of the joint record on appeal submitted to this Court, and (2) redacting a stipulation of settlement set forth at pages 107 through 123 of the sealed record on appeal by deleting the names of the students and their parents mentioned therein; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith.
The court erred in authorizing, pursuant to Public Officers Law § 87, release of certain pages of the sealed record on appeal filed herein which recite unproven disciplinary charges ( see, Matter of LaRocca v. Board of Educ., 220 A.D.2d 424, 429; see also, Public Officers Law § 87; § 89 Pub. Off. [2][b]; Matter of Hanig v. State of New York Dept. of Motor Vehicles, 79 N.Y.2d 106, 109).
Further, although the Western Suffolk Board of Cooperative Educational Services is entitled to a certain stipulation of settlement, the names of students and their parents mentioned therein should be redacted from the settlement transcript ( cf., Matter of LaRocca v. Board of Educ., supra).
The parties' remaining contentions are without merit.
Rosenblatt, J.P., Miller, Thompson and Santucci, JJ., concur.