Carey v. Savino

In this CPLR article 78 proceeding, petitioner, Duane Carey, seeks to overturn the suspension order which bars his further attendance during the present school year at the Cuba Central School.

The event chronology giving rise to his suspension indicates he was temporarily suspended by the Supervising Principal of the Cuba Central School District on February 25, 1977. Pursuant to section 3214 (subd 3, par c) of the Education Law, a hearing was then held on March 4, 1977, which resulted in a "permanent” suspension order which, however, by its terms was stayed upon the condition that petitioner…