KOLBE, HERBERT v. TIBBETTS, CHRISTINE J.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1250 CA 12-00171 PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND WHALEN, JJ. HERBERT KOLBE, LYNNE NICHOLAS, JOANN SEEFELDT AND PHYLLIS HARRIS, PLAINTIFFS-RESPONDENTS, V MEMORANDUM AND ORDER CHRISTINE J. TIBBETTS, AS SUPERINTENDENT OF SCHOOLS OF NEWFANE CENTRAL SCHOOL DISTRICT, JAMES REINEKE, AS PRESIDENT OF NEWFANE BOARD OF EDUCATION, NEWFANE BOARD OF EDUCATION AND NEWFANE CENTRAL SCHOOL DISTRICT, DEFENDANTS-APPELLANTS. HODGSON RUSS LLP, BUFFALO (JEFFREY T. FIUT OF COUNSEL), FOR DEFENDANTS-APPELLANTS.…