MATTER OF PUENTES v. BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 21 OF TOWN OF BETHPAGE


24 N.Y.2d 996 (1969)

In the Matter of Robert Puentes, Appellant, v. Board of Education of Union Free School District No. 21 of Town of Bethpage, Respondent.

Court of Appeals of the State of New York.

Decided May 28, 1969.


Attorney(s) appearing for the Case

Ernest Fleischman, Stephen F. Gordon and Martin R. Ganzglass for appellant.

Leo F. McGinity and Louis N. Orfan for respondent.

C. Ellis Schiffmacher and James T. Rochford for Council of School Superintendents of the State of New York, amicus curiæ.

Chief Judge FULD and Judges BURKE, BERGAN and BREITEL concur in memorandum; Judge JASEN dissents and votes to affirm in an opinion in which Judge SCILEPPI concurs.


MEMORANDUM.

Upon reargument: the order of the Appellate Division should be reversed, without costs, and the determination of respondent annulled. Petitioner's letter was indiscreet and properly found to be embarrassing to the teacher on whose purported behalf it was sent. However, whatever factual inaccuracies were present in the letter related to teacher observation reports to which petitioner had no access. Hence, the inaccuracies...

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