Fischer v. Smithtown Central School District

—In a proceeding, inter alia, pursuant to CPLR article 75 and Education Law § 3020-a (5), to vacate a determination of a Hearing Officer which sustained charges of neglect and incompetence based on excessive absenteeism and terminated the petitioner’s employment, the Smithtown Central School District appeals (1), by permission, from an order of the Supreme Court, Nassau County (McCarty, J.), dated January 6, 1998, which granted the petition to the extent of vacating the hearing officer’s determination and remitting the matter for a new hearing, and (2), as limited by its brief, from so much…