MATTER OF SMITH v. BD. OF EDUC. OF THE YONKERS CITY SCH. DIST.


231 A.D.2d 528 (1996)

647 N.Y.S.2d 99

In the Matter of Kenneth Smith, Petitioner, v. Board of Education of the Yonkers City School District et al., Respondents

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

September 9, 1996


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The record supports the respondents' determination that the petitioner's performance as a custodial employee in one of the respondents' schools was poor and that he failed to improve his work despite oral and written warnings. The record also sufficiently demonstrated the petitioner's excessive absences. Moreover, under the circumstances of this case, the penalty...

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