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In the Matter of the Arbitration Between

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 15, 2012

IN THE MATTER OF THE ARBITRATION BETWEEN BOARD OF EDUCATION OF DUNDEE CENTRAL SCHOOL DISTRICT, PETITIONER-RESPONDENT, AND AND DOUGLAS COLEMAN, RESPONDENT-APPELLANT. (APPEAL NO. 2.)

Appeal from a judgment of the Supreme Court, Yates County (W. Patrick Falvey, A.J.), dated April 29, 2011.

Matter of Matter of Board of Educ. of Dundee Cent. School Dist. (Coleman)

Decided on June 15, 2012

Appellate Division, Fourth Department

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 Official Reports.

PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND SCONIERS, JJ.

The judgment granted the petition to vacate that part of the Hearing Officer's award imposing a penalty of a suspension of six months and remitted the matter to a different hearing officer for the determination of an appropriate penalty.

It is hereby ORDERED that the judgment so appealed from is affirmed without costs.

Same Memorandum as in Matter of Board of Educ. of Dundee Cent. School Dist. [Coleman] ([appeal No. 1] ___ AD3d ___ [June 15, 2012]).

Entered: June 15, 2012

Frances E. Cafarell Clerk of the Court

20120615

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