MATTER OF SMITH v. BD. OF EDUC., ONTEORA CENT. SCH. DIST.


221 A.D.2d 755 (1995)

633 N.Y.S.2d 625

In the Matter of Thomas H. Smith, Petitioner, v. Board of Education, Onteora Central School District, Respondent

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

November 9, 1995


Mikoll, J. P.

The instant CPLR article 78 proceeding challenges respondent's determination terminating petitioner's employment as a school bus driver for misconduct in his attempt to discipline Paul Jarvis, a fourth-grade student, on January 11, 1993. Petitioner was operating a school bus transporting students home when he brought the bus to a stop and left his driver's seat to proceed to the rear of the bus in an effort to quiet students who had become...

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