MATTER OF ALARCON v. BOARD OF EDUCATION OF SOUTH ORANGETOWN CENTRAL SCHOOL DISTRICT

2010-05359.

85 A.D.3d 780 (2011)

924 N.Y.S.2d 824

2011 NY Slip Op 5055

In the Matter of MARCO ALARCON, Petitioner, v. BOARD OF EDUCATION OF SOUTH ORANGETOWN CENTRAL SCHOOL DISTRICT et al., Respondents.

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

Decided June 7, 2011.


Adjudged that the petition is granted, the determination is annulled, on the law, without costs or disbursements, and the matter is remitted to the Board of Education of South Orangetown Central School District for a hearing at which the evidence of recantation of testimony by witness Ramon Reyes against the petitioner shall be received, and for a new determination thereafter.

The hearing officer's recommendation was largely based upon the testimony of the eyewitness...

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