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MATTER OF ADOLPHE v. NEW YORK CITY BOARD OF EDUCATION

6020, 115047/09.

89 A.D.3d 532 (2011)

932 N.Y.S.2d 482

2011 NY Slip Op 8203

In the Matter of MARSISTE ADOLPHE, Appellant, v. NEW YORK CITY BOARD OF EDUCATION, Respondent.

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

Decided November 15, 2011.

Petitioner failed during the arbitration proceeding to preserve his argument that his First Amendment rights were violated. As a result, and contrary to petitioner's contention on appeal, the issue was improperly raised for the first time in his petition before the court (see Matter of Migdal Plumbing & Heating Corp. [Dakar Devs.], 232 A.D.2d 62, 64 [1997], lv denied 91 N.Y.2d 808 [1998]). Were we to consider this argument...

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