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MATTER OF BEAN v. BD. OF EDUC. OF RUSH-HENRIETTA CENT. SCH. DIST.

197 A.D.2d 864 (1993)

604 N.Y.S.2d 877

In the Matter of Shirley A. Bean, Petitioner, v. Board of Education of Rush-Henrietta Central School District, Respondent

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

October 1, 1993

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

There was substantial evidence to support each of the findings made by the Hearing Officer and approved by respondent Board of Education. Although there was conflicting testimony at the hearing, the Hearing Officer chose to credit the testimony of the students and we may not "`reject the choice made by the Board where the evidence is conflicting and room for choice exists...

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