Winters v. Board of Education of Lakeland Central School District

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the school district’s determination terminating petitioner reinstated.

The school district terminated petitioner as head custodian of a high school after it adopted the findings and penalty determination of the disciplinary Hearing Officer who found petitioner had engaged in misconduct, including a breach of trust when he removed and copied a document he found on the principal’s desk. The Appellate Division concluded that the penalty of termination was…