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MATTER OF GARDNER v. COXSACKIE-ATHENS CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION

511516.

92 A.D.3d 1093 (2012)

939 N.Y.S.2d 149

2012 NY Slip Op 1156

In the Matter of A. DENNIS GARDNER, Petitioner, v. COXSACKIE-ATHENS CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, Respondent.

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

Decided February 16, 2012.

SPAIN, J.

In 2009, following a Civil Service Law § 75 hearing, petitioner was found to have engaged in inappropriate behavior in the form of his angry, profane and violent response to students engaging in an authorized senior prank, and respondent dismissed him from his position as head custodian of the Coxsackie-Athens High School. Petitioner then commenced this proceeding pursuant to CPLR article 78 to review respondent...

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