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JUDGMENT MATTER OF BARBARA ZELLMER, pet, v. ENLARGED CITY SCHOOL DISTRICT OF MIDDLETOWN BOARD OF EDUCATION res

2013-08989 JUDGMENT MATTER OF BARBARA ZELLMER, pet, v. ENLARGED CITY SCHOOL DISTRICT OF MIDDLETOWN BOARD OF EDUCATION res — (INDEX NO. 3969/13)Proceeding pursuant to CPLR article 78 to review a determination of the Enlarged City School District of Middletown Board of Education dated January 31, 2013, which, after a hearing pursuant to Civil Service Law §75, rejected the findings of a hearing officer and determined that the petitioner was guilty of one charge of misconduct and neglect of duty, and suspended her employment for 30 calendar days.

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2013-08989 JUDGMENT MATTER OF BARBARA ZELLMER, pet, v. ENLARGED CITY SCHOOL DISTRICT OF MIDDLETOWN BOARD OF EDUCATION res — (INDEX NO. 3969/13)Proceeding pursuant to CPLR article 78 to review a determination of the Enlarged City School District of Middletown Board of Education dated January 31, 2013, which, after a hearing pursuant to Civil Service Law §75, rejected the findings of a hearing officer and determined that the petitioner was guilty of one charge of misconduct and neglect of duty, and suspended her employment for 30 calendar days.

ADJUDGED that the petition is granted, on the law, with costs, the determination is annulled, the penalty imposed is vacated, and the matter is remitted to the respondents to determine the amount of back pay and benefits owed to the petitioner.

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