Legal Opinion

Gutman v. Board of Education

New York Supreme Court

Decided November 28, 2007Published

1Opinion of the Court

*610OPINION OF THE COURT

Herman Cahn, J.

In these CPLR article 78 proceedings, petitioners, Daphna Gutman and Evelyn Carrillo (collectively petitioners), tenured teachers employed by respondent, Board of Education of the City School District of the City of New York, move to compel the respondent to expunge letters that were placed in each of their personnel files. Both teachers are employed at ES. 345 in New York City.

Facts

A. Ms. Gutman

On April 3, 2006, a student informed Ms. Gutman that she did not want to attend a small group lesson because she was uncomfortable with the way the teacher, Gregory…

2Cases cited5 opinions

  1. Legal Aid Society of Sullivan County, Inc. v. ScheinmanNew York Court of Appeals · 1981
  2. Brusco v. BraunNew York Court of Appeals · 1994
  3. Holt v. Board of EducationNew York Court of Appeals · 1981
  4. Civil Service Employees Ass'n v. Southold Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1994
  5. Myers v. Chester Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2002

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