Lee v. Board of Education

OPINION OF THE COURT

Lucille Polk Buell, J.

Petitioner moves for a judgment pursuant to CPLR article 78 reinstating petitioner to his former civil service employment position with full retroactive payment of wages and emoluments as if petitioner were not terminated. Petitioner also seeks the alternative relief of imposition of a lesser penalty on remission of this matter to an appropriate party for imposition of an appropriate penalty.

BACKGROUND

Petitioner was employed by respondents as a custodian for approximately 13 years. In November, 1980 he was served with a set of charges of misconduct.…