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BD. OF EDUC. v. STEPHNEY

9 Misc.3d 927 (2005)

800 N.Y.S.2d 811

BOARD OF EDUCATION, PERU CENTRAL SCHOOL DISTRICT, Petitioner, v. LUTHER STEPHNEY, Respondent.

Supreme Court, Clinton County.

July 6, 2005.

Attorney(s) appearing for the Case

Dennis D. Curtin and Jacqueline M. Kelleher for petitioner.

National Education Association of New York (Paul D. Clayton of counsel), for respondent.

OPINION OF THE COURT

KEVIN K. RYAN, J.

Pending before the court is the petitioner's request pursuant to CPLR article 75 and Education Law § 3020-a for an order vacating the penalty phase of the underlying arbitration award and imposing the penalty of dismissal or, alternatively, a remand of the penalty portion of the award for the imposition of a penalty based on the findings of misconduct made by the arbitrator.

The court has reviewed and considered...

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