Coghlan v. Board of Education — 262 A.D.2d 949

Majority

p. 949

In the Matter of Ann Coghlan, as Parent and Natural Guardian of Ryan Kellogg, an Infant, Appellant, v Board of Education of Liverpool Central School District, Respondent.

[692 NYS2d 558]

—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 (s ee, 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.

Cases cited

Board of Education v. Commissioner of Education 91 NY2d 133 N.Y. 1997-12-02 at 139-140 p. 949
Howard v. Clark 59 Misc 2d 327 N.Y. Sup. Ct. 1969-03-25 at 329 p. 949