BURKYBILE v. BD. OF EDUC. OF HASTINGS-ON-HUDSON

No. 04-0905-CV.

411 F.3d 306 (2005)

Sharon BURKYBILE, Plaintiff-Appellant, v. BOARD OF EDUCATION OF THE HASTINGS-ON-HUDSON UNION FREE SCHOOL DISTRICT and John J. Russell, Individually and in his Official Capacity as Superintendent of the Hastings-on-Hudson Union Free School District, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 15, 2005.


Attorney(s) appearing for the Case

Robert F. Hellmann, Terre Haute, IN, for Plaintiff-Appellant.

Joan M. Gilbride, Kaufman Borgeest & Ryan, LLP, Valhalla, NY, for Defendants-Appellees.

Before: WALKER, Chief Judge, and POOLER and WESLEY, Circuit Judges.


POOLER, Circuit Judge.

The facts in this case are largely uncontested. However, where facts are contested, we accept the plaintiff's account because this is an appeal from a grant of summary judgment.

Dr. Sharon Burkybile appeals from the January 5, 2004 order of the United States District Court for the Southern District of New York (Charles L. Brieant, J.) granting summary judgment to defendants-appellees...

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