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MATTER OF PETERKIN v. BD. OF EDUC., UNION FREE SCH. DIST. NO. 5, TOWNS OF MOUNT PLEASANT, GREENBURGH & NORTH CASTLE

46 A.D.2d 676 (1974)

In the Matter of D. Wallace Peterkin, Jr., Petitioner, v. Board of Education, Union Free School District No. 5, Towns of Mount Pleasant, Greenburgh and North Castle, Respondent

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

October 21, 1974

Determination modified, on the law, by annulling so much thereof as found petitioner guilty of the charge of nonperformance of duty on October 27, 1969 and imposed a penalty therefor. As so modified, determination confirmed, without costs.

Petitioner, a tenured Valhalla high school art teacher since 1960, resided in Valhalla. There was evidence that on Sunday night, October 26, 1969, his wife telephoned the home of the high school principal and left word that petitioner...

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