Smith v. Greater Amsterdam School District

— Kane, J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Montgomery County) to review a determination of respondent which discharged petitioner from his employment.

The facts underlying this case are detailed in this court’s prior decision in the matter (128 AD2d 929). In the prior decision, we withheld determination and remitted the matter to Supreme Court for a trial of the factual issue of whether the Board of Education approved the decision of respondent’s superintendent to terminate petitioner’s employment. After conducting a…