Fogel v. Board of Education

Proceeding pursuant to CPLR article 78 to review respondent’s determination which, after a hearing, found petitioner guilty of conduct unbecoming her position and conduct prejudicial to the order, efficiency and discipline of the service, and dismissed her from further service. Petition granted to the extent that the determination is annulled, on the law, without costs; the matter is remitted to respondent with a direction to afford petitioner and her attorney a reasonable opportunity to respond to the findings and recommendation contained in the Trial Examiner’s report prior to the taking by…