*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 186

CA 15-00048

PRESENT: CARNI, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ. FAYE M. EATON, PLAINTIFF-APPELLANT, ET AL., PLAINTIFFS,

V ORDER SYLVIA HUNGERFORD, INDIVIDUALLY AND AS

SPECIAL EDUCATION TEACHER OF WAYNE CENTRAL

SCHOOL DISTRICT, WAYNE CENTRAL SCHOOL

DISTRICT, BOARD OF EDUCATION OF WAYNE CENTRAL

SCHOOL DISTRICT, FRANK ROBUSTO, INDIVIDUALLY

AND AS PRESIDENT OF WAYNE CENTRAL SCHOOL

DISTRICT BOARD OF EDUCATION, JOYCE LYKE,

INDIVIDUALLY AND AS VICE PRESIDENT OF WAYNE

CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION,

JOHN TRIOU, INDIVIDUALLY AND AS MEMBER OF

WAYNE CENTRAL SCHOOL DISTRICT BOARD OF

EDUCATION, RICHARD JOHNSON, INDIVIDUALLY AND

AS MEMBER OF WAYNE CENTRAL SCHOOL DISTRICT

BOARD OF EDUCATION, JEFF SCHULTZ, INDIVIDUALLY

AND AS MEMBER OF WAYNE CENTRAL SCHOOL DISTRICT

BOARD OF EDUCATION, SCOTT GRISWOLD, INDIVIDUALLY

AND AS MEMBER OF WAYNE CENTRAL SCHOOL DISTRICT

BOARD OF EDUCATION, MARK WYSE, INDIVIDUALLY AND

AS MEMBER OF WAYNE CENTRAL SCHOOL DISTRICT BOARD

OF EDUCATION, SUSAN NEWMAN, INDIVIDUALLY AND AS

MEMBER OF WAYNE CENTRAL SCHOOL DISTRICT BOARD OF

EDUCATION, TOM NICHOLSON, INDIVIDUALLY AND AS

MEMBER OF WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, ROBERT ARMOCIDA, INDIVIDUALLY AND AS

WAYNE CENTRAL SCHOOL DISTRICT MIDDLE SCHOOL

PRINCIPAL, MICHAEL HAVENS, INDIVIDUALLY AND AS

WAYNE CENTRAL SCHOOL DISTRICT SUPERINTENDENT, AND

MARK CALLAHAN, INDIVIDUALLY AND AS WAYNE CENTRAL

SCHOOL DISTRICT DIRECTOR OF HUMAN RESOURCES,

DEFENDANTS-RESPONDENTS.

LAW OFFICE OF EMMELYN LOGAN-BALDWIN, ROCHESTER (EMMELYN LOGAN-BALDWIN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (EDWARD J. SMITH, III, OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered August 11, 2014. The order granted defendants’

-2- 186 CA 15-00048 motion for summary judgment dismissing plaintiffs’ complaint.