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MATTER OF SMITH v. BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF KINGSTON

125 A.D.2d 813 (1986)

In the Matter of Daniel Smith, Petitioner, v. Board of Education of the City School District of the City of Kingston, Respondent

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

December 18, 1986

Kane, J.

On or about February 13, 1985, petitioner was charged with misconduct in the performance of his duties as head custodian for the Kingston School District. The charges provided, inter alia, that: "on Saturday, February 9, at approximately 4:15 in the afternoon you were found by officers of the Kingston Police Department to be asleep in room 008 at Kingston High School." The hearing officer found petitioner guilty of this charge and, as...

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