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BAKER v. POUGHKEEPSIE SCHOOL

No. 54.

18 N.Y.3d 714 (2012)

2012 NY Slip Op 2126

In the Matter of JEFFREY BAKER, Respondent, v. POUGHKEEPSIE CITY SCHOOL DISTRICT et al., Appellants.

Court of Appeals of New York.

Decided March 22, 2012.

Attorney(s) appearing for the Case

Shaw, Perelson, May & Lambert, LLP, Poughkeepsie ( Beth L. Sims, and Mark C. Rushfield of counsel), for appellants.

Drita Nicaj, LaGrangeville, and Law Office of Jonathan Lovett, Hawthorne, for respondent.

Jay Worona, Latham, and Patricia H. Gould, New York State School Boards Association, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK and GRAFFEO concur with Judge JONES; Judge PIGOTT dissents and votes to reverse in a separate opinion in which Judges READ and SMITH concur.

OPINION OF THE COURT

JONES, J.

In this appeal, we are called upon to determine whether persons who have testified in a Civil Service Law § 75 disciplinary hearing are required to disqualify themselves from subsequently acting upon any of the charges related to that hearing. We hold that, because the testimony of the testifying witnesses, concerning the charges levied pursuant to section 75, rendered them personally involved in the disciplinary process...

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