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MATTER OF GRUBE v. BOARD OF EDUC. SPENCER-VAN ETTEN CENTRAL SCHOOL DISTRICT

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194 A.D.3d 1222 (2021)

2021 NY Slip Op 03096

In the Matter of Brian Grube, Respondent, v. Board of Education Spencer-Van Etten Central School District et al., Appellants, et al., Respondent.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Hogan, Sarzynski, Lynch, DeWind & Gregory, LLP, Johnson City ( John P. Lynch of counsel), for appellants.

Robert T. Reilly , New York State United Teachers, Latham ( Keith J. Gross of counsel), for respondent.

Egan Jr., J.P., Lynch, Clark and Reynolds Fitzgerald, JJ., concur.

Petitioner was employed by respondent Spencer-Van Etten Central School District (hereinafter the District) as a tenured physical education teacher. In 2015, petitioner applied for and was granted disability retirement benefits with the New York State Teachers' Retirement System (hereinafter TRS). Respondent Board of Education Spencer...

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