Mcvetty v. Valley Stream Union Free Sch. Dist., 2015-08910, Index No. 7812/14.

Decision Date11 October 2017
Docket Number2015-08910, Index No. 7812/14.
Citation154 A.D.3d 764,63 N.Y.S.3d 388
Parties In the Matter of Glenn McVETTY, petitioner, v. VALLEY STREAM UNION FREE SCHOOL DISTRICT, et al., respondents.
CourtNew York Supreme Court — Appellate Division

154 A.D.3d 764
63 N.Y.S.3d 388

In the Matter of Glenn McVETTY, petitioner,
v.
VALLEY STREAM UNION FREE SCHOOL DISTRICT, et al., respondents.

2015-08910, Index No. 7812/14.

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

Oct. 11, 2017.


63 N.Y.S.3d 389

Law Office of Louis D. Stober, Jr., LLC, Garden City, NY (Anthony P. Giustino of counsel), for petitioner.

Guercio & Guercio, LLP, Farmingdale, NY (Christopher Shishko of counsel), for respondents.

REINALDO E. RIVERA, J.P., SHERI S. ROMAN, ROBERT J. MILLER, and COLLEEN D. DUFFY, JJ.

Proceeding pursuant to CPLR article 78 to review a determination of the Board of Education of the Valley Stream 13 Union Free School District dated April 24, 2014. The determination sustained charges of insubordination and incompetence and terminated the petitioner's employment.

ADJUDGED that the petition is granted, on the law, without costs or disbursements, to the extent that so much of the determination as sustained the charge of insubordination is annulled, that charge is dismissed, the penalty imposed is vacated, the petition is otherwise denied, the determination is otherwise confirmed, the proceeding is otherwise dismissed on the merits, and the matter is remitted to the Board of Education of the Valley Stream 13 Union Free School District for a new consideration of the appropriate penalty to be imposed in accordance herewith, and the imposition of such a penalty thereafter.

The petitioner was employed by the Valley Stream 13 Union Free School District (hereinafter the District) as a custodian at an elementary school. In 2014, the petitioner's ex-wife, who was also employed by the District in a different school, notified the District that the petitioner had been admitted to a psychiatric facility after making threats of violence against her to his psychiatrist. Thereafter, the Family Court issued an order of protection directing the petitioner to stay away from his ex-wife and their children. Pursuant to Education Law § 913, the District thereafter referred the petitioner to a psychiatrist for a medical examination to determine his mental capacity to continue working as a custodian and directed the petitioner to provide the psychiatrist with "any and all medical records relating to [his] current state of health." The petitioner attended the medical examination but did not bring any medical records, contending, inter alia,

63 N.Y.S.3d 390

that production of such records was an invasion of his privacy.

Thereafter, the District commenced a disciplinary proceeding against the petitioner pursuant to Civil Service Law § 75, charging him with insubordination and incompetence. A hearing officer, after a hearing, recommended that the charges be sustained and that the petitioner's employment be terminated. In a resolution passed on April 24, 2014, the District Board of Education (hereinafter the Board) adopted the hearing officer's findings and...

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