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MATTER OF BD. OF EDUC. OF MONTICELLO CENT. SCH. DIST. v. COMM'R OF EDUC.

235 A.D.2d 734 (1997)

652 N.Y.S.2d 412

In the Matter of Board of Education of Monticello Central School District, Petitioner, v. Commissioner of Education et al., Respondents

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

January 16, 1997

Carpinello, J.

Josh Herzog, a student at Monticello High School in the Village of Monticello, Sullivan County, was charged with conduct endangering the safety, health or welfare of others (Education Law § 3214 [3] [a] [1]). This charge arose out of the dissemination of an obscenity-filled publication called the "Sub Station". An article in the newspaper entitled "Jac of Hearts" called upon students, inter alia, to urinate on the floors, throw...

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