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BOARD OF EDUC. v. MILLS

293 A.D.2d 37 (2002)

741 N.Y.S.2d 589

In the Matter of BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, Respondent, v. RICHARD P. MILLS, as Commissioner of Education of the State of New York, Respondent, and L.C. (1) et al., Appellants.

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

April 18, 2002.

Attorney(s) appearing for the Case

Seth Grossman, Bronx Legal Services, New York City, for appellants.

Michael A. Cardoza, Corporation Counsel, New York City (Ellen Ravitch of counsel), for Board of Education of the City School District of the City of New York, respondent.

PETERS, J.P., CARPINELLO, ROSE and LAHTINEN, JJ., concur.

OPINION OF THE COURT

MUGGLIN, J.

The sole issue raised on this appeal is whether Supreme Court appropriately declared that the standard of proof commonly used in public school student suspension hearings does not violate the student's constitutional right to due process. The parties to this appeal agree that school suspensions and expulsions implicate liberty and property interests of the student and, therefore, require the protections afforded by constitutional...

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