BD. OF EDUC. v. MILLS


250 A.D.2d 122 (1998)

680 N.Y.S.2d 683

In the Matter of Board of Education of the City School District of the City of New York, Appellant, v. Richard P. Mills, as Commissioner of Education of The State of New York, et al., Respondents. (And Another Related Proceeding.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 12, 1998


Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Steven J. Rappaport of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Patrick Barnett-Mulligan and Robert A. Siegried of counsel), for Richard P. Mills, respondent.

Malvina Nathanson, New York City, for Andrew Cadet, respondent.

O'Hara & O'Connell, Syracuse (Dennis G. O'Hara of counsel), for New York State Council of School Superintendents, amicus curiae.

James D. Bilik, Albany, for New York State United Teachers, amicus curiae.

MERCURE, J. P., WHITE, PETERS and GRAFFEO, JJ., concur.


SPAIN, J.

In June 1990 the position of Special Commissioner of Investigation (hereinafter SCI) was created by a resolution of petitioner pursuant to Executive Order No. 11 of the Mayor of the City of New York (hereinafter the Executive Order), the City Charter and Education Law § 2554. The SCI was given the responsibility and authority to investigate "unethical conduct and other misconduct" within the New...

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