| Matter of Wagner v New York City Dept. of Educ. |
| 2026 NY Slip Op 00869 [246 AD3d 552] |
| February 17, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Jimmy Wagner, Petitioner, v New York City Dept. of Education, Respondent. |
Upon remittitur from the Court of Appeals (44 NY3d 93 [2025]), the order entered December 5, 2023 (222 AD3d 420 [1st Dept 2023]), insofar as appealed, unanimously reversed, with costs, and the matter remanded to the New York City Board of Education for further proceedings in accordance with Matter of Wagner v New York City Dept. of Educ. (44 NY3d 93). Concur—Kern, J.P., Moulton, Kennedy, Gesmer, Higgitt, JJ.