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MATTER OF STERGIOU v. NEW YORK CITY DEPT. OF EDUC.

9399, 103370/11.

106 A.D.3d 511 (2013)

965 N.Y.S.2d 106

2013 NY Slip Op 3432

In the Matter of JOANNA STERGIOU, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

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

Decided May 14, 2013.

Petitioner's exclusion from the administrative hearing during the testimony of the only eyewitness to her alleged hitting of a student — the student himself — violated her constitutional right to confront the witnesses against her (see Matter of Daniel Aaron D., 49 N.Y.2d 788, 791 [1980]). Nothing in the record indicates that a compelling competing interest warranted the exclusion. There is no finding that petitioner...

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