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MATTER OF O'CONNOR v. SOBOL

173 A.D.2d 74 (1991)

In the Matter of Thomas F. O'Connor, Appellant, v. Thomas Sobol, as Commissioner of Education, et al., Respondents

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

December 31, 1991

Attorney(s) appearing for the Case

Mitchell Gittin for appellant.

Lizette A. Cantres (Kathy A. Ahearn of counsel), for Thomas Sobol, respondent.

Bernard T. Callan for Brentwood Union Free School District, respondent.

Katherine A. Levine for New York State United Teachers, amicus curiae.

Cynthia P. Fletcher for New York State School Boards Association, amicus curiae.

MAHONEY, P. J., MIKOLL, YESAWICH JR. and HARVEY, JJ., concur.

MERCURE, J.

Petitioner, a tenured high school social studies teacher employed by respondent Brentwood Union Free School District (hereinafter Brentwood), taught a 12th grade "Participation in Government" class. As part of a classroom debate on censorship in school libraries, petitioner distributed to the entire class a sexually explicit article entitled "Better Orgasms". One of the students had given petitioner...

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