Lamb v. Westmoreland Central School District

Order unanimously affirmed without costs. Memorandum: Petitioner, a teacher employed by respondent school district, commenced a CPLR article 78 proceeding seeking to recover legal fees expended to defend himself successfully against a criminal charge of sexual abuse brought by one of his students. Supreme Court properly dismissed the petition. There is statutory authority for a school district to provide a teacher with a defense in a criminal proceeding only if the criminal action or proceeding arises "out of disciplinary action taken against any pupil” (Education Law § 3028). Petitioner…