Legal Opinion

Matter of Zellmer v. Enlarged City School Dist. of Middletown Bd. of Educ.

Appellate Division of the Supreme Court of the State of New York

Decided September 23, 2015No. 2013-08989Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the Enlarged City School District of Middletown Board of Education dated January 31, 2013, which, after a hearing pursuant to Civil Service Law § 75, rejected the findings of a hearing officer and determined that the petitioner was guilty of one charge of misconduct and neglect of duty, and suspended her employment for 30 calendar days.

Adjudged that the petition is granted, on the law, with costs, the determination is annulled, the penalty imposed is vacated, and the matter is remitted to the respondents to determine the…

2Cases cited7 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  3. Lahey v. KellyNew York Court of Appeals · 1987
  4. Grimaldi v. GoughAppellate Division of the Supreme Court of the State of New York · 2014
  5. Horton v. AmesAppellate Division of the Supreme Court of the State of New York · 1980

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