Syquia v. Board of Educ. of Harpursville Cent. School Dist.
| Decision Date | 13 February 1992 |
| Citation | 579 N.Y.S.2d 487,180 A.D.2d 883 |
| Parties | , 72 Ed. Law Rep. 985 In the Matter of Susan R. SYQUIA, Respondent, v. BOARD OF EDUCATION OF the HARPURSVILLE CENTRAL SCHOOL DISTRICT, et al., Appellants, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ball, McDonough & Johnson, P.C. (Kevin P. McDonough, of counsel), Binghamton, for Board of Educ. of the Harpursville Central School Dist., appellant.
William A. Babiskin, in pro per.
Bernard F. Ashe (Ivor R. Moskowitz, of counsel), Albany, for Susan R. Syquia, respondent.
Before MIKOLL, J.P., and YESAWICH, MERCURE, CREW and MAHONEY, JJ.
Appeal from a judgment of the Supreme Court (Harris, J.), entered March 21, 1991 in Albany County, which partially granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Board of Education of the Harpursville Central School District terminating petitioner's employment as a teacher 149 Misc.2d 463, 568 N.Y.S.2d 263.
In 1985 respondent Board of Education of the Harpursville Central School District (hereinafter the Board) preferred disciplinary charges against petitioner, a tenured secondary school teacher employed by the Board for over 25 years. The charges included allegations of incompetency and insubordination. Pursuant to Education Law § 3020-a petitioner requested a hearing. Consequently, respondent Henry Stafford was chosen by petitioner as a Hearing Panel member, respondent Richard McLean was chosen by the Board as a Hearing Panel member and they, in turn, selected respondent William Babiskin to serve as the Hearing Panel chairperson. Pursuant to Education Law § 3020-a the chairperson received a per-diem fee of $200 under the auspices of the American Arbitration Association while the other panel members were paid a $50 per-diem fee from a fund established and maintained by respondent Commissioner of Education. Unbeknownst to petitioner and the other two Hearing Panel members, McLean sought and obtained from the Board an additional $100 per-diem fee. Between 1985 and 1988, the Hearing Panel conducted 46 days of hearings and issued a determination on May 22, 1990 finding petitioner not guilty of incompetence but guilty of insubordination, and recommended her termination. The Hearing Panel's findings and recommendations were accepted and implemented by the Board.
On May 25, 1990 petitioner's attorney learned, for the first time, that McLean was paid by the Board an additional $100 per-diem fee for his services. Petitioner thereafter commenced this CPLR article 78 proceeding asserting that her right to due process was violated by reason of the Board's payments of additional fees to McLean. In addition to the answers interposed by respondents, McLean submitted an affidavit in which he admitted receipt of the additional moneys from the Board. Supreme Court determined that petitioner was denied due process and, inter alia, ordered a new hearing. The Board and Babiskin ...
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...N.E.2d 910 [internal quotation marks and citations omitted]; see Matter of Syquia v. Board of Educ. of Harpursville Cent. School Dist., 180 A.D.2d 883, 884, 579 N.Y.S.2d 487 [1992], affd.80 N.Y.2d 531, 591 N.Y.S.2d 996, 606 N.E.2d 1387 [1992] ). Accordingly, Bertoni should have recused hims......
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