Matter of Hankins v Board of Educ. of City of N.Y. (2004 NY Slip Op 02390)

Matter of Hankins v Board of Educ. of City of N.Y.

2004 NY Slip Op 02390 [5 AD3d 771]

March 29, 2004

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 26, 2004

In the Matter of Alfred Hankins, Appellant,
v
Board of Education of the City of New York, Respondent.

—In a proceeding pursuant to Education Law § 3020-a to vacate the determination of a hearing officer, dated August 1, 2002, finding the petitioner, a tenured teacher, guilty of misconduct warranting termination, the petitioner appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated January 22, 2003, which, in effect, denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with costs.

Contrary to the petitioner's contentions, the Supreme Court properly, in effect, denied the petition to vacate the determination that he was guilty of misconduct warranting termination (see Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 NY2d 214 [1996]; Matter of Syquia v Board of Educ. of Harpursville Cent. School Dist., 80 NY2d 531 [1992]). S. Miller, J.P., Luciano, Adams and Townes, JJ., concur.