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BRANCA v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK

25 A.D.3d 485 (2006)

808 N.Y.S.2d 77

COSMO BRANCA, Appellant, v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK et al., Respondents.

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

January 24, 2006.

Initially, the petition alleged that prior disciplinary charges were improperly used at the hearing on the current disciplinary charges. Following the court's dismissal of the proceeding, petitioner moved for reargument—properly treated by the court as a motion for renewal (Mejia v Nanni, 307 A.D.2d 870, 871 [2003])—on the ground that the hearing officer had denied subpoenas to petitioner's counsel for the purpose of...

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