IN RE: Jimmy WAGNER (2026)

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

IN RE: Jimmy WAGNER, Petitioner, v. NEW YORK CITY BOARD OF EDUCATION, Defendant–Respondent.

1152

Decided: February 17, 2026

Kern, J.P., Moulton, Kennedy, Gesmer, Higgitt, JJ.

Upon remittitur from the Court of Appeals (––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 05783 [2025]), the order entered December 5, 2023 (222 A.D.3d 420, 201 N.Y.S.3d 20 [1st Dept. 2023]), insofar as appealed, unanimously reversed, with costs, and the matter remanded to the New York City Board of Education for further proceedings in accordance with (Matter of Wagner v. New York City Dept. of Educ., ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 05783).

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