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KITO v. BOARD OF EDUCATION OF WILLIAM FLOYD SCHOOL DIST.

56 A.D.3d 432 (2008)

867 N.Y.S.2d 152

BERNARD J. KITO, JR., Respondent, v. BOARD OF EDUCATION OF WILLIAM FLOYD SCHOOL DISTRICT, Appellant.

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

November 5, 2008.

Ordered that the order dated September 11, 2007 is reversed, on the law, with costs, and the defendant's converted motion for summary judgment dismissing the complaint is granted.

In 2002 the plaintiff was employed by the William Floyd School District (hereinafter the School District). Due to certain personal issues, the plaintiff requested a leave of absence for the 2003-2004 school year. The School District and the plaintiff entered into a written stipulation, which...

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