Court of Appeals of New York

In an article 78 proceeding brought by the former business manager of the Poughkeepsie City School District, challenging his termination by a Board of Education that included two members who testified at his Civil Service Law section 75 disciplinary hearing, the Appellate Division's decision in favor of the petitioner is affirmed, where the testifying members should have disqualified themselves from reviewing the findings and recommendations of the hearing officer, since: 1) both members' testimony directly supported the establishment of the charges; and 2) neither of their votes were needed to take disciplinary action.

Appellate Information

• Decided 03/23/2012
• Published 03/23/2012

Judges

• Jones

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Beth L. Sims, Drita Nicaj