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WINTERS v. BOARD OF EDUC. OF LAKELAND CENT. SCHOOL DIST.

99 N.Y.2d 549 (2002)

784 N.E.2d 73

754 N.Y.S.2d 200

In the Matter of HUGH WINTERS, Respondent, v. BOARD OF EDUCATION OF LAKELAND CENTRAL SCHOOL DISTRICT et al., Appellants.

Court of Appeals of the State of New York.

Decided December 17, 2002.

Attorney(s) appearing for the Case

Shaw & Perelson, LLP, Poughkeepsie (Jay M. Siegel of counsel), for appellants.

James M. Rose, White Plains, for respondent.

Jay Worona and John A. Miller, Latham, for New York State School Boards Association, Inc., amicus curiae.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the school district's determination terminating petitioner reinstated.

The school district terminated petitioner as head custodian of a high school after it adopted the findings and penalty determination of the disciplinary Hearing Officer who found petitioner had engaged in misconduct, including a breach of trust when...

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