Opinion
January 22, 1985
Appeal from the Board of Education, Kings Park Central School District.
Matter remitted to the respondent school board to make written findings setting forth the essential facts and evidence upon which the school board relied in reaching its determination, and proceeding held in abeyance in the interim. The school board shall file its report with all convenient speed.
Without making new findings, the school board summarily reversed the findings of fact of the hearing officer as to charge I. Due process considerations require that findings of fact be made in a manner such that the parties are assured that the determination is based on evidence in the record, uninfluenced by extralegal considerations, and so that an intelligent challenge by a party aggrieved and adequate judicial review are possible (see Matter of McCaskill v. D'Elia, 95 A.D.2d 779; Matter of Horton v. Kammerer, 82 A.D.2d 921; Sinicropi v. Milone, 80 A.D.2d 609). Lazer, J.P., Bracken, Rubin and Eiber, JJ., concur.