MATTER OF NYDAM v. FRANKLIN CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION


303 A.D.2d 828 (2003)

755 N.Y.S.2d 324

In the Matter of KENNETH NYDAM, Appellant, v. FRANKLIN CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION, Respondent.

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

Decided March 6, 2003.


Carpinello, J.

Petitioner is a school bus driver employed by respondent. In this proceeding, he claims that he was disciplined without the procedural protections afforded under Civil Service Law § 75 when respondent failed to reassign him to a particular bus run for the 2001-2002 school year. We are unpersuaded. The subject bus run, which was assigned on a year-to-year basis, was not part of petitioner's regular duties; rather, it was an additional assignment...

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