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MATTER OF SCAHILL v. GREECE CENTRAL SCHOOL DISTRICT

2 N.Y.3d 754 (2004)

811 N.E.2d 33

778 N.Y.S.2d 771

In the Matter of MAISON SCAHILL, Respondent, v. GREECE CENTRAL SCHOOL DISTRICT, Appellant. In the Matter of JOHN M. STARR, Respondent, v. GREECE CENTRAL SCHOOL DISTRICT, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 2004.

Attorney(s) appearing for the Case

Harris Beach LLP, Pittsford (Edward A. Trevvett of counsel), for appellant.

Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester (Michael A. Sciortino of counsel), for respondents.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

In each case, the judgment of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition dismissed.

The District's terminations of petitioners, two long-time employees, were based on their misconduct in selling at least 14,000 untaxed cigarettes on school property and using a school vehicle to store the cigarettes. This misconduct, which occurred over several months, involved...

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