Coghlan v. Board of Education

Appellate Division of the Supreme Court of New York

Coghlan v. Board of Education

262 A.D.2d 949, 692 N.Y.S.2d 558, 1999 N.Y. App. Div. LEXIS 7107

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 18, 1999

StatusPublished

This text of 262 A.D.2d 949 (Coghlan v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Coghlan v. Board of Education, 262 A.D.2d 949, 692 N.Y.S.2d 558, 1999 N.Y. App. Div. LEXIS 7107 (N.Y. Ct. App. 1999).

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Opinion

—Judgment unanimously affirmed without costs. Memorandum: Contrary to petitioner’s contention, respondent afforded petitioner and her son “reasonable notice” of the alleged misconduct (Education Law § 3214 [3] [c]; see, Matter of Board of Educ. v Commissioner of Educ., 91 NY2d 133, 139-140). Respondent acted within its discretion in suspending petitioner’s son for his unlawful and threatening conduct, which occurred off school property while school was not in session (see, Pollnow v Glennon, 594 F Supp 220, 224, affd 757 F2d 496; Matter of Tietje, 34 Ed Dept Rep 567, 570-571; Matter of Rodriguez, 8 Ed Dept Rep 214, 216-217; cf., Howard v Clark, 59 Misc 2d 327, 329). (Appeal from Judgment of Supreme Court, Onondaga County, Nicholson, J. — CPLR art 78.) Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.

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—Judgment unanimously affirmed without costs. Memorandum: Contrary to petitioner’s contention, respondent afforded petitioner and her son “reasonable notice” of the alleged misconduct (Education Law § 3214 [3] [c]; see, Matter of Board of Educ. v Commissioner of Educ., 91 NY2d 133, 139-140). Respondent acted within its discretion in suspending petitioner’s son for his unlawful and threatening conduct, which occurred off school property while school was not in session (see, Pollnow v Glennon, 594 F Supp 220, 224, affd 757 F2d 496; Matter of Tietje, 34 Ed Dept Rep 567, 570-571; Matter of Rodriguez, 8 Ed Dept Rep 214, 216-217; cf., Howard v Clark, 59 Misc 2d 327, 329). (Appeal from Judgment of Supreme Court, Onondaga County, Nicholson, J. — CPLR art 78.) Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.

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262 A.D.2d 949, 692 N.Y.S.2d 558, 1999 N.Y. App. Div. LEXIS 7107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coghlan-v-board-of-education-nyappdiv-1999.

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