The opinion of the court was delivered by: Joan A. Madden, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the printed Official Reports.
In this Article 78 proceeding, petitioner, a tenured mathematics teacher of 28 years, seeks to annul the determination of respondents Board of Education of the City School District of the City of New York and Joel I. Klein (collectively the "Board of Education") which terminated his employment; petitioner also seeks retroactive reinstatement with full back salary, including interest, and all benefits. For the reasons delineated below, the petition is granted.
The following facts are not disputed unless otherwise noted. By letters dated December 20 and 21, 2006, the Board of Education advised petitioner that "a serious allegation has been made against you," and "[p]ending the outcome of the investigation . . . you are reassigned" to "Region 8 Human Resources." These letters were hand-delivered to petitioner at work and neither letter has an address for petitioner.
On May 11, 2007, while petitioner was working at the Region 8 Human Resources Center (the "Reassignment Center"), he received by hand-delivery from the Board of Education, a document entitled "Notice of Charges" ("First Notice"), which stated as follows:
In view of your unprofessional conduct while a teacher at Automotive High School, an Empowerment School located in Brooklyn during 2005-2006 and 2006-2007 school years, the following charges are being preferred:
1. Just Cause for disciplinary action under Education Law §3020-a;
2. Incompetent and inefficient service;
3. Conduct unbecoming Respondent's position, or conduct prejudicial tothe good order, efficiency or discipline of the service;
4. Substantial cause rendering Respondent unfit to perform his obligationsproperly to the service;
5. Violation of Chancellor's Regulation A-421;
6. Violation of Chancellor's Regulation A-420;