Kilduff v. Rochester City School District

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered August 3, 2012 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the petition is granted, the determination is annulled and respondents are directed to reinstate petitioner to her position as a tenured *1537teacher forthwith with full back pay and benefits and to remove all references to the discipline imposed from petitioner’s personnel file.

Memorandum:…