*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 242

CA 11-01226

PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND SCONIERS, JJ. IN THE MATTER OF THE ARBITRATION BETWEEN

BOARD OF EDUCATION OF DUNDEE CENTRAL SCHOOL

DISTRICT, PETITIONER-RESPONDENT,

AND MEMORANDUM AND ORDER DOUGLAS COLEMAN, RESPONDENT-APPELLANT.

(APPEAL NO. 2.) RICHARD E. CASAGRANDE, LATHAM (PAUL D. CLAYTON OF COUNSEL), FOR RESPONDENT-APPELLANT.

FERRARA, FIORENZA, LARRISON, BARRETT & REITZ, P.C., EAST SYRACUSE (ERIC J. WILSON OF COUNSEL), FOR PETITIONER-RESPONDENT.

O’HARA, O’CONNELL & CIOTOLI, FAYETTEVILLE (STEPHEN CIOTOLI OF COUNSEL), FOR NEW YORK STATE ASSOCIATION OF MANAGEMENT ADVOCATES FOR SCHOOL LABOR AFFAIRS, AMICUS CURIAE.

TIMOTHY G. KREMER, EXECUTIVE DIRECTOR, LATHAM (JAY WORONA OF COUNSEL), FOR NEW YORK STATE SCHOOL BOARDS ASSOCIATION, INC., AMICUS CURIAE. Appeal from a judgment of the Supreme Court, Yates County (W.

Patrick Falvey, A.J.), dated April 29, 2011. 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