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MATTER OF EINSOHN v. NEW YORK CITY DEPARTMENT OF EDUCATION

2722, 402027/08

73 A.D.3d 454 (2010)

900 N.Y.S.2d 295

In the Matter of MARC EINSOHN, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

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

Decided May 6, 2010.

While disciplinary charges were pending against him, petitioner was excessed from his position as an assistant principal and assigned to a regional operations center. Two of the charges against him were sustained after a hearing pursuant to Education Law § 3020-a. Thereafter, a vacancy was posted for the position from which he was excessed.

Since petitioner was not acquitted of all of the charges against him, he is not entitled to automatic reinstatement to his...

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