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MATTER OF KIMBLE v. YONKERS BD. OF EDUC.

2020-06722. Index No. 50230/19.

214 A.D.3d 806 (2023)

186 N.Y.S.3d 247

2023 NY Slip Op 01296

In the Matter of Charles Kimble, Petitioner, v. Yonkers Board of Education, Respondent.

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

Decided March 15, 2023.

Attorney(s) appearing for the Case

Charny & Wheeler P.C., Rhinebeck, NY ( Russell G. Wheeler of counsel), for petitioner.

Abrams Fensterman, LLP, White Plains, NY ( Robert A. Spolzino , Mark Goreczny , and Joanna Topping of counsel), for respondent.

Brathwaite Nelson, J.P., Maltese, Ford and Voutsinas, JJ., concur.

Proceeding pursuant to CPLR article 78 to review a determination of the Yonkers Board of Education dated September 4, 2018. The determination adopted the findings of a hearing officer dated July 20, 2018, made after a hearing pursuant to Civil Service Law § 75, that the petitioner was guilty of incompetence, insubordination, and misconduct, and terminated the petitioner's employment as a custodial worker.

Adjudged that the petition is granted, on the law, without...

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