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MATTER OF BERNSTEIN

282 A.D.2d 70 (2001)

726 N.Y.S.2d 474

In the Matter of the Arbitration between RICHARD C. BERNSTEIN, Appellant, and NORWICH CITY SCHOOL DISTRICT BOARD OF EDUCATION, Respondent.

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

May 10, 2001.

Attorney(s) appearing for the Case

Janet Axelrod, NEA/New York, Albany (Paul D. Clayton of counsel), for appellant.

Ferrara, Fiorenza, Larrison, Barrett & Reitz, P. C., East Syracuse (Craig M. Atlas of counsel), for respondent.

CREW III, J. P., MUGGLIN, ROSE and LAHTINEN, JJ., concur.

OPINION OF THE COURT

PETERS, J.

In May 1998, petitioner, a tenured English teacher in the Norwich High School located within the Norwich City School District (hereinafter District), was charged by respondent with conduct unbecoming a teacher, insubordination, neglect of duty and incompetence for using inappropriate verbiage during the course of a lesson. A hearing was held during January and March 1999. At the hearing, four students from petitioner's eleventh...

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