Matter of Coghlan v. B., E., Liverpool Cent

Full title: MATTER OF ANN COGHLAN, AS PARENT AND NATURAL GUARDIAN OF RYAN KELLOGG, AN…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 18, 1999

262 A.D.2d 949 (N.Y. App. Div. 1999)

692 N.Y.S.2d 558

Opinion

June 18, 1999

Appeal from the Judgment of Supreme Court, Onondaga County, Nicholson, J. — CPLR art 78.

PRESENT: LAWTON, J. P., HAYES, WISNER, HURLBUTT AND SCUDDER, JJ.

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 [c]; see, Matter of Board of Educ. v. Commissioner of Educ., 91 N.Y.2d 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 F.2d 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).