Matter of Board of Educ. of Dundee Cent. School Dist. (Coleman)
2012 NY Slip Op 04850 [96 AD3d 1542]
June 15, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


In the Matter of the Arbitration between Board of Education of Dundee Central School District, Respondent, and Douglas Coleman, Appellant. (Appeal No. 2.)

[*1] Richard E. Casagrande, Latham (Paul D. Clayton of counsel), for respondent-appellant.

Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse (Eric J. Wilson of counsel), for petitioner-respondent.

O'Hara, O'Connell & Ciotoli, Fayetteville (Stephen Ciotoli of counsel), for New York State Association of Management Advocates for School Labor Affairs, amicus curiae.

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, Yates County (W. Patrick Falvey, A.J.), dated April 29, 2011. The judgment granted the petition to vacate that part of the Hearing Officer's award imposing a penalty of a suspension of six months and remitted the matter to a different hearing officer for the determination of an appropriate penalty.

It is hereby ordered that the judgment so appealed from is affirmed without costs.

Same memorandum as in Matter of Board of Educ. of Dundee Cent. School Dist. [Coleman] (96 AD3d 1536 [2012]). Present—Scudder, P.J., Smith, Fahey, Carni and Sconiers, JJ. [Prior Case History: 32 Misc 3d 334.]