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FISHMAN v. BD. OF EDUC. OF THE SCH. DIST. OF THE CITY OF NEW YORK

114 A.D.2d 436 (1985)

Steven R. Fishman, Petitioner, v. Board of Education of the School District of the City of New York et al., Respondents

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

October 21, 1985

Determination confirmed and proceeding dismissed on the merits, with costs.

The provision in the collective bargaining agreement concerning the placing of material in a teacher's file is completely independent of the formal misconduct proceedings of Education Law § 3020-a (see, Holt v Board of Educ., 52 N.Y.2d 625). The statutory scheme cannot be said to have been superseded by a collective bargaining agreement...

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