Cotter v. Board of Education of Garden City Union Free School District

In a proceeding pursuant to CPLR article 78, inter alia, in effect, to review a determination of the respondent dated October 15, 2007, pursuant to Education Law §§ 3023 and 3811, denying the petitioner’s request to defend and indemnify him in an action entitled McCarthy v Cotter, pending in the Supreme Court, Nassau County, under index No. 10611/07, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Feinman, J.), entered March 10, 2008, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, the petition…