MATTER OF SHULER v. STATE OF NEW YORK


48 A.D.3d 384 (2008)

853 N.Y.S.2d 28

In the Matter of JEFFREY SHULER, Appellant, v. STATE OF NEW YORK et al., Respondents.

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

Decided February 28, 2008.


The plain language of the agreement settling a number of disciplinary charges against petitioner expressly excluded Specification III, the most serious charge, involving threatening behavior towards a supervisor. Although the second paragraph of the settlement agreement provided: "[t]his settlement represents the entire resolution of any/all current claims and grievances relating to this specific matter of [petitioner's] employment with SUNY/DMC," to read this as including...

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