MATTER OF LEYDEN v. BD. OF EDUC. OF THE NORTH MERRICK UNION FREE SCH. DIST.


175 A.D.2d 835 (1991)

In the Matter of James Leyden, Petitioner, v. Board of Education of the North Merrick Union Free School District et al., Respondents

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

August 12, 1991


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner contends that his employment was terminated for excessive absence, primarily resulting from his alcoholism, in violation of Executive Law §§ 296 and 292. The record sufficiently demonstrates, however, that the petitioner was discharged for misconduct arising out of five incidents of theft of services, in addition to his...

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