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MATTER OF CARGILL v. SOBOL

165 A.D.2d 131 (1991)

In the Matter of H. David Cargill, Respondent, v. Thomas Sobol, as Commissioner of Education of The State of New York, et al., Appellants

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

February 14, 1991

Attorney(s) appearing for the Case

Lizette A. Cantres (Elizabeth Russell Koepcke of counsel), for Thomas Sobol, appellant.

Stakel, Suttell, Found, Rybak & Earl (Kevin D. Earl of counsel), for Board of Education of Batavia City School District, appellant.

Bernard F. Ashe (Emanuel Tabachnick and Rocco A. Solimando of counsel), for respondent.

MAHONEY, P. J., WEISS, YESAWICH, JR., and CREW III, JJ., concur.

HARVEY, J.

On January 20, 1987 petitioner, a tenured elementary school teacher employed by Batavia City School District in Genesee County, was charged pursuant to Education Law § 3020-a with two separate charges of insubordination and conduct unbecoming a teacher by respondent Board of Education of the Batavia City School District. These charges stemmed from an incident which occurred on January 8, 1987...

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