MATYAS v. BOARD OF EDUC.


19 Misc.3d 906 (2008)

855 N.Y.S.2d 339

In the Matter of JOHN MATYAS, Petitioner, v. BOARD OF EDUCATION, CHENANGO FORKS CENTRAL SCHOOL DISTRICT, Respondent.

Supreme Court, Broome County.

March 31, 2008.


Attorney(s) appearing for the Case

New York State United Teachers, Latham (James R. Sandner and James D. Bilik of counsel, for petitioner.

Law Firm of Frank W. Miller, East Syracuse (Iman Abraham of counsel), for respondent.


OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

In this CPLR article 78 proceeding, petitioner, a former employee of respondent school district, challenges respondent's refusal to provide him with defense and indemnification in a civil action. In late May 2006, petitioner (then a guidance counselor and coach of the boys' modified baseball team) was involved in an altercation with a parent of one of the players on the team. During a baseball game, the parent,...

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