Strongin v. Nyquist

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the judgment of Special Term reinstated, without prejudice to an application by petitioner for back pay for the period of suspension to the time of discharge (see Matter of Bott v Board of Educ., 41 NY2d 265, 269; Matter of Meliti v Nyquist, 41 NY2d 183, 187-188; Matter of Jerry v Board of Educ., 35 NY2d 534, 543).

Petitioner, a tenured guidance counselor of the School District of the City of Mount Vernon, was charged with (1) "Inefficiency and Incompetency” and (2) "Insubordination,…