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MATTER OF SMITH v. BOARD OF EDUCATION OF THE WANTAGH UNION FREE SCHOOL DISTRICT

259 A.D.2d 704 (1999)

686 N.Y.S.2d 835

In the Matter of RICHARD SMITH, Petitioner, v. BOARD OF EDUCATION OF THE WANTAGH UNION FREE SCHOOL DISTRICT et al., Respondents.

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

Decided March 22, 1999.

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

The determination of the respondent Board of Education that the petitioner, an elementary school custodian, was guilty of disciplinary charges of misconduct concerning smoking on school grounds was supported by substantial evidence on the record (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222; Matter of Bullock...

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