Breu v. Board of Education

Mercure, J. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Broome County) to, inter alia, review a determination of respondent which discharged petitioner from his employment.

Petitioner was employed by respondent as a school custodian, a position that placed him in charge of the night cleaning crew. A surveillance camera (installed following complaints of pilferage from a locked food storage room) showed petitioner and two other members of the night cleaning crew entering the storage room on October 26, 1993. Following a further…