Matter of Weinberger v. Elmsford Union Free Sch. Dist.

In a proceeding pursuant to CPLR article 78, inter alia, to direct the respondent Elmsford Union Free School District to remove a certain letter dated February 3, 2011, from the petitioner’s personnel file, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Lorenzo, J.), entered December 23, 2011, which denied the petition, and, in effect, dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

In New York, a tenured teacher may not be “disciplined” without being afforded the procedures set forth in Education Law § 3020-a, which requires that…