IN RE: Clavor Schroeter

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

IN RE: Clavor Schroeter, petitioner, v. Yonkers City School District, et al., respondents.

2010–00848 (Index No. 2844/09)

Decided: September 27, 2011

MARK C. DILLON, J.P. DANIEL D. ANGIOLILLO THOMAS A. DICKERSON JEFFREY A. COHEN, JJ. Kieran J. Sullivan, White Plains, N.Y., for petitioner. Donoghue, Thomas, Auslander & Drohan, Yonkers, N.Y. (Ana I. Gonzalez of counsel), for respondents.

Argued—September 6, 2011


Proceeding pursuant to CPLR article 78 to review a determination of the Yonkers City School District dated October 15, 2008, which, after a hearing pursuant to Civil Service Law § 75, found the petitioner guilty of charges of misconduct, insubordination, and incompetence, and terminated his employment.

ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner's contention, the determination that he was guilty of misconduct, insubordination, and incompetence was supported by substantial evidence (see Matter of Capone v Patchogue–Medford Union Free School Dist., 38 AD3d 770, 771–772;  Matter of Truss v Westchester County Health Care Corp., 301 A.D.2d 607, 607–608;  Matter of Grossman v. Kralik, 217 A.D.2d 625, 626;  Matter of A.J. & Taylor Rest. v New York State Liq. Auth., 214 A.D.2d 727;  Matter of Romano v Town Bd. of Town of Colonie, 200 A.D.2d 934).   Moreover, the petitioner was not deprived of due process during the course of the administrative hearing (see Matter of A.J. & Taylor Rest. v New York State Liq. Auth., 214 A.D.2d 727;  see also Matter of Heisler v. Scappaticci, 81 AD3d 954, 954–955;  Matter of Curto v. Cosgrove, 256 A.D.2d 407, 408).

The petitioner's remaining contention is without merit.



Matthew G. Kiernan

Clerk of the Court

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