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BD OF EDUC v. COMMR OF EDUC

91 N.Y.2d 133 (1997)

690 N.E.2d 480

667 N.Y.S.2d 671

In the Matter of Board of Education of Monticello Central School District, Respondent, v. Commissioner of Education, Respondent, and Jeffrey Herzog et al., on Behalf of Josh Herzog, Appellants.

Court of Appeals of the State of New York.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Mark Lewis Schulman, Monticello, for appellants.

Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh, Barbara G. Billet and Peter H. Schiff of counsel), for Commissioner of Education, respondent.

Henri Shawn, Monticello, for Board of Education of the Monticello Central School District, respondent.

Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

Chief Judge KAYE.

Pivotal to determination of an appeal from an order of the Commissioner of Education annulling the suspension of a high school student was the adequacy of notice of the charges given by school officials to the student. We conclude, as did the Appellate Division, that the notice was legally sufficient.

On January 17, 1995, Monticello Central School District officials notified appellant...

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