Legal Opinion

Austin v. Board of Education

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

Decided February 15, 2001PublishedCited by 13 opinions

1Opinion of the Court

—Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered June 4, 1999, which granted the petition pursuant to Education Law § 3020-a (5) and CPLR 7511 to vacate the determination of the Hearing Officer of guilt of Charge III, specification N of the disciplinary charges brought against petitioner, unanimously reversed, on the law, without costs, respondents’ cross-motion to dismiss the petition granted and the determination reinstated.

The Supreme Court erred in applying a CPLR article 78 standard of review, inasmuch as Education Law § 3020-a (5)…

2Cases cited3 opinions

  1. Crossman-Battisti v. TraficantiAppellate Division of the Supreme Court of the State of New York · 1997
  2. Soucy v. Board of Education of North Colonie Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1976
  3. Healy v. Clifton-Fine Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by13 opinions

  1. Lackow v. Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008
  2. City School District v. McGrahamAppellate Division of the Supreme Court of the State of New York · 2010
  3. Board of Education v. ColemanNew York Supreme Court · 2011
  4. In re the Arbitration between Bernstein & Norwich City School District Board of EducationAppellate Division of the Supreme Court of the State of New York · 2001
  5. Asch v. New York City Board/Department of EducationNew York Supreme Court · 2011

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