Opinion
2014-06-13
In the Matter of Roseann KILDUFF, Petitioner–Appellant, v. ROCHESTER CITY SCHOOL DISTRICT, Board of Education of Rochester City School District and Dr. Bolgen Vargas, in his capacity as acting Superintendent of Rochester City School District, Respondents–Respondents.
Richard E. Casagrande, Latham (Anthony J. Brock of Counsel), for Petitioner–Appellant. Edwin Lopez–Soto, General Counsel, Rochester (Cara M. Briggs of Counsel), for Respondents–Respondents.
Richard E. Casagrande, Latham (Anthony J. Brock of Counsel), for Petitioner–Appellant. Edwin Lopez–Soto, General Counsel, Rochester (Cara M. Briggs of Counsel), for Respondents–Respondents.
PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY AND WHALEN, JJ.
MEMORANDUM:
Petitioner commenced this proceeding pursuant to CPLR article 78 seeking, inter alia, to annul the determinations suspending her for two days and five days, respectively, without pay from her position as a tenured teacher with respondent Rochester City School District. Supreme Court erred in denying the petition ( see Matter of Kilduff v. Rochester City Sch. Dist., 107 A.D.3d 1536, 1537, 966 N.Y.S.2d 708,lv. granted22 N.Y.3d 854, 2013 WL 5716137). As we wrote in Kilduff, “petitioner was entitled to choose whether to be disciplined under the procedures set forth in the [collective bargaining agreement] or those set forth in [Education Law § ] 3020–a,” and respondents “incorrectly denied petitioner's written request for a section 3020–a hearing” ( id.; see §§ 3020[1]; 3020–a).
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs, the petition is granted, the determinations are annulled and respondents are directed to reinstate petitioner to her position as a tenured teacher forthwith with full back pay and benefits and to remove all references to the discipline imposed from petitioner's personnel file.