Matter of Puentes v. Bd. of Educ. of Union Free Sch. Dist. No. 21 of Town of Bethpage

Memorandum..

Upon .reargument: the order of the Appellate Division should be reversed, without costs, and the determination of respondent annulled. Petitioner’s letter was indiscreet and properly found to be embarrassing to the teacher on whose purported behalf it was sent. However, whatever factual inaccuracies were present in the letter related to teacher observation reports to which petitioner had no access. Hence, the inaccuracies were not the result of reckless or intentional falsehood. The other strident and, therefore, unnecessary comments were excessive characterizations and inferences…