Matyas v. Board of Education

OPINION OF THE COURT

Phillip R. Rumsey, J.

In this CPLR article 78 proceeding, petitioner, a former employee of respondent school district, challenges respondent’s refusal to provide him with defense and indemnification in a civil action. In late May 2006, petitioner (then a guidance counselor and coach of the boys’ modified baseball team) was involved in an altercation with a parent of one of the players on the team. During a baseball game, the parent, Kim Alford, approached petitioner and began to talk to him in an allegedly threatening manner. Alford may have tapped petitioner or grabbed his…