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MATTER OF ELMORE v. PLAINVIEW-OLD BETHPAGE CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION

273 A.D.2d 307 (2000)

708 N.Y.S.2d 713

In the Matter of EDWIN ELMORE, Respondent, v. PLAINVIEW-OLD BETHPAGE CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION, Appellant.

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

Decided June 12, 2000.

Ordered that the order, as amended, is affirmed, with costs.

The petitioner, a tenured teacher, was charged by the appellant with having engaged in inappropriate conduct toward a student. Pursuant to Education Law § 3020-a, a hearing was held at which the petitioner was represented by counsel. During the hearing, the Hearing Officer ruled that the petitioner could not discuss his testimony with his attorney during any adjournments in the cross-examination. The...

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