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SAGAL-COTLER v. BOARD OF EDUC

Nos. 73, 74.

20 N.Y.3d 671 (2013)

988 N.E.2d 502

965 N.Y.S.2d 767

2013 NY Slip Op 2775

In the Matter Of DEBORAH SAGAL-COTLER, Appellant, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK et al., Respondents. In the Matter of JOSEPHINE THOMAS, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

Court of Appeals of New York.

Decided April 25, 2013.

Attorney(s) appearing for the Case

Office of General Counsel, New York State United Teachers, New York City ( Ariana A. Gambella and Richard E. Casagrande of counsel), for appellant in the first above-entitled action.

Lichten & Bright, P.C., New York City ( Stuart L. Lichten of counsel), for appellant in the second above-entitled action.

Michael A. Cardozo , Corporation Counsel, New York City ( Paul T. Rephen and Leonard Koerner of counsel), for respondents in the first and second above-entitled actions.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT and RIVERA concur.

OPINION OF THE COURT

SMITH, J.

We hold that employees of the New York City Department of Education who are sued for using corporal punishment are entitled to a defense provided by the City, even though the employees' conduct violated a state regulation.

Both petitioners are paraprofessionals employed in the New York City schools, and are defendants in civil suits brought by students who allege that...

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