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IN THE MATTER OF ROGERS v. SHERBURNE-EARLVILLE CENTRAL SCHOOL DISTRICT

17 A.D.3d 823 (2005)

792 N.Y.S.2d 738

In the Matter of CHARLES ROGERS et al., Petitioners, v. SHERBURNE-EARLVILLE CENTRAL SCHOOL DISTRICT, Respondent.

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

April 14, 2005.

Spain, J.

Following a hearing, petitioner Charles Rogers' employment as a teacher's aide was terminated based upon findings that he falsified a time sheet and showed a pattern of excessive leave time usage and abuse of leave time benefits. Petitioners commenced this CPLR article 78 proceeding to annul the determination, claiming that the findings of fact and recommendations were not supported by substantial evidence, the penalty was

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