COGHLAN v. BOARD OF EDUCATION OF LIVERPOOL CENTRAL SCHOOL DISTRICT (1999)

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

Matter of Ann COGHLAN, as Parent and Natural Guardian of Ryan Kellogg, an Infant, Petitioner-Appellant, v. BOARD OF EDUCATION OF LIVERPOOL CENTRAL SCHOOL DISTRICT, Respondent-Respondent.

Decided: June 18, 1999

PRESENT: LAWTON, J.P., HAYES, WISNER, HURLBUTT and SCUDDER, JJ.

Ann Coghlan, petitioner-appellant. Teresa Morrisey, Syracuse, for respondent-respondent.

Contrary to petitioner's contention, respondent afforded petitioner and her son “reasonable notice” of the alleged misconduct (Education Law § 3214[3][c]; see, Matter of Board of Educ. v. Commissioner of Educ., 91 N.Y.2d 133, 139-140, 667 N.Y.S.2d 671, 690 N.E.2d 480). Respondent acted within its discretion in suspending petitioner's son for his unlawful and threatening conduct, which occurred off school property while school was not in session (see, Pollnow v. Glennon, 594 F.Supp. 220, 224, affd. 757 F.2d 496; Matter of Tietje, 34 Ed. Dept. Rep. 567, 570-571; Matter of Rodriguez, 8 Ed. Dept. Rep. 214, 216-217; cf., Howard v. Clark, 59 Misc.2d 327, 329, 299 N.Y.S.2d 65).

Judgment unanimously affirmed without costs.

MEMORANDUM:

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