Zaner v. Board of Education

Gibbons, J.,

dissents and votes to grant the petition and annul the determination, on the law, and direct the respondent board of education to refund the moneys deducted from petitioner’s salary pursuant to section 210 (subd 2, par [g]) of the Civil Service Law, with the following memorandum: The question presented for resolution by the hearing officer was whether the petitioner, who concededly had been receiving psychotherapy for periodic depression and episodes of anxiety for several months prior to the strike, was rendered mentally incapable to perform his duties as a teacher during the…