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IN THE MATTER OF DIEFENTHALER v. KLEIN

27 A.D.3d 347 (2006)

811 N.Y.S.2d 653

In the Matter of MARK DIEFENTHALER et al., Petitioners, v. JOEL I. KLEIN, as Chancellor, New York City Department of Education, et al., Respondents.

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

March 23, 2006.

On September 5, 2002, petitioners, both employees of respondent Department of Education, were assigned to do carpentry work in lavatories at P.S. 308 in Brooklyn. As relevant to this proceeding, the Department subsequently charged petitioners with having been outside P.S. 308 on that day for 3½ hours during which they were supposed to be in the school working on the lavatory job. For 3 hours out of the 3½ hours that they...

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