McMahon v. Sobol

Cross appeals, by permission, from a judgment of the Supreme Court (Torraca, J.), entered December 29, 1994 in Albany County, which, inter alia, granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Education finding petitioner guilty of six charges of misconduct.

Petitioner, a tenured teacher in the City School District of the City of New York (hereinafter the District), was charged with 17 specifications of misconduct and was suspended with pay pending a hearing (see, Education Law former § 3020-a). A majority of…