Consedine v Portville Cent. School Dist.
2008 NY Slip Op 02380 [49 AD3d 1290]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


John R. Consedine, Respondent, v Portville Central School District et al., Appellants. (Appeal No. 3.)

—[*1] Hodgson Russ LLP, Buffalo (Julia M. Hilliker of counsel), for defendants-appellants.

School Administrators Association of New York State, Latham (John F. Kershko of counsel), for plaintiff-respondent.

Timothy G. Kremer, Executive Director, Latham (Jay Worona of counsel), for New York State School Boards Association, Inc., amicus curiae.

Appeal from a judgment of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered January 16, 2007 in a breach of contract action. The judgment, following a nonjury trial, granted plaintiff money damages in a stipulated amount.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.