From Casetext: Smarter Legal Research

William Floyd Union Free Sch. v. Lemay

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2009
60 A.D.3d 943 (N.Y. App. Div. 2009)

Opinion

No. 2008-01142.

March 24, 2009.

In a proceeding pursuant to CPLR article 75 and Education Law § 3020-a (5) to vacate a determination of a Hearing Officer dated March 22, 2007, which, after a hearing, and upon sustaining certain charges against the respondent, only suspended the respondent for six months without pay, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Jones, J.), dated September 27, 2007, which denied the petition and confirmed the determination.

Bond, Schoeneck King, PLLC, Garden City, N.Y. (Howard M. Miller of counsel), for appellant.

James R. Sandner, New York, N.Y. (Steven A. Friedman of counsel), for respondent.

Before: Mastro, J.P., Skelos, Dillon and Eng, JJ.


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly confirmed the Hearing Officer's determination to only suspend the respondent for six months without pay. The petitioner did not demonstrate any basis for vacating the determination under CPLR 7511 ( see Education Law § 3020-a), and the determination has a rational basis and is supported by the record ( see Matter of Board of Educ. of Great Neck Union Free School Dist. v Brandman, 286 AD2d 735, 736; Matter of Board of Educ. of Westhampton Beach Union Free School Dist. v Ziparo, 275 AD2d 411; cf. Matter of Binghamton City School Dist. [Peacock], 33 AD3d 1074; Matter of Board of Educ. of E. Hampton Union Free School Dist. v Yusko, 269 AD2d 445).


Summaries of

William Floyd Union Free Sch. v. Lemay

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2009
60 A.D.3d 943 (N.Y. App. Div. 2009)
Case details for

William Floyd Union Free Sch. v. Lemay

Case Details

Full title:In the Matter of BOARD OF EDUCATION OF WILLIAM FLOYD UNION FREE SCHOOL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 24, 2009

Citations

60 A.D.3d 943 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 2358
874 N.Y.S.2d 813

Citing Cases

Trupiano v. Bd. of Educ. of East Meadow Union Free Sch. Dist.

Where, as here, the parties are compelled to engage in arbitration by statutory mandate (see Education Law §…

Trupiano v. Bd. of Educ. of East Meadow Union Free Sch. Dist.

Where, as here, the parties are compelled to engage in arbitration by statutory mandate ( see Education Law…