In re Bd. of Educ. of Dundee Cent. Sch. Dist.

• Decision Date: 15 June 2012
• Citation: 945 N.Y.S.2d 924,96 A.D.3d 1542,2012 N.Y. Slip Op. 04850
• Parties: In the Matter of the Arbitration Between BOARD OF EDUCATION OF DUNDEE CENTRAL SCHOOL DISTRICT, Petitioner–Respondent, and Douglas COLEMAN, Respondent–Appellant. (Appeal No. 2.)
• Court: New York Supreme Court — Appellate Division

96 A.D.3d 1542

945 N.Y.S.2d 924

2012 N.Y. Slip Op. 04850

In the Matter of the Arbitration Between BOARD OF EDUCATION OF DUNDEE CENTRAL SCHOOL DISTRICT, Petitioner–Respondent, and Douglas COLEMAN, Respondent–Appellant. (Appeal No. 2.)

Supreme Court, Appellate Division, Fourth Department, New York.

June 15, 2012.

Appeal from a judgment of the Supreme Court, Yates County (W. Patrick Falvey, A.J.), dated April 29, 2011. The judgment granted the petition to vacate that part of the Hearing Officer's award imposing a penalty of a suspension of six months and remitted the matter to a different hearing officer for the determination of an appropriate penalty.

Richard E. Casagrande, Latham (Paul D. Clayton of Counsel), for respondent-appellant.

Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse (Eric J. Wilson of Counsel), for petitioner-respondent.

O'Hara, O'Connell & Ciotoli, Fayetteville (Stephen Ciotoli of Counsel), for New York State Association of Management Advocates for School Labor Affairs, Amicus Curiae.

Timothy G. Kremer, Executive Director, Latham (Jay Worona of Counsel), for New York State School Boards Association, Inc., Amicus Curiae.

Same Memorandum as in Matter of Board of Educ. of Dundee Cent. School Dist. [Coleman] [Appeal No. 1], 96 A.D.3d ––––, –––N.Y.S.2d ––––, 2012 WL 2164161 [June 15, 2012].

It is hereby ORDERED that the judgment so appealed from is affirmed without costs.

SCUDDER, P.J., SMITH, FAHEY, CARNI, and SCONIERS, JJ., concur.