MATTER OF DeVITO v. LEONE


225 A.D.2d 1022 (1996)

639 N.Y.S.2d 223

In the Matter of Joanne DeVito, Petitioner, v. Terry Leone, as President of The Board of Education of Palmyra-Macedon Central School District, et al., Respondents

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

March 8, 1996


Determination unanimously annulled on the law with costs and petition granted.

Memorandum:

On September 30, 1994, petitioner was driving a school bus carrying about 35 children when she approached a railroad crossing in the Town of Palmyra. According to petitioner, she stopped the bus 35 feet from a double set of railroad tracks. After putting on the caution lights and looking both ways, petitioner proceeded toward the tracks and, as she did so, heard the...

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