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MATTER OF VIGLIETTA v. MILLS

39 A.D.3d 1119 (2007)

835 N.Y.S.2d 488

In the Matter of BENEDICT VIGLIETTA, Appellant, v. RICHARD C. MILLS, as Commissioner of Education of the State of New York, et al., Respondents.

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

Decided April 26, 2007.

Cardona, P.J.

Petitioner's position as a teacher in the Air Force Junior ROTC program was abolished by respondent Board of Education of the Auburn Enlarged City School District (hereinafter Board) resulting in his termination. He appealed to respondent Commissioner of Education (hereinafter Commissioner), arguing that the Board should have appointed him to a social studies position. The Board raised as an affirmative defense petitioner's failure to join Matt Dillon...

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