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OLIVARES v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK

39 A.D.3d 230 (2007)

832 N.Y.S.2d 571

FRANCISCO OLIVARES, Appellant, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK et al., Respondents.

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

Decided April 3, 2007.

Petitioner, a tenured teacher employed by respondent Department of Education (DOE), seeks to have references to dismissed misconduct charges expunged from the files of the DOE's Administrative Trial Unit (ATU). He claims that this is required by Education Law § 3020-a (4) (b). However, the DOE is not required to expunge references to dismissed charges from the ATU files, since the files are not "employment records" within the meaning of Education Law § 3020-a (4...

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