Article 78 Decision Reversed and Petitioner Reimbursed Expenses
Timmerman v Board of Education of City School District of City of
In February 2007, Supreme Court ruled against Petitioner, Dolph Timmerman, in his Article 78 petition seeking to direct respondents to reimburse petitioner for the expenses he incurred defending himself against criminal charges leveled against him by two of his students.
Respondents contend that petitioner’s criminal proceeding does not fall within the scope of Education Law 3028. Since the record shows that the criminal proceeding against petitioner clearly arose directly from the disciplinary actions he took against pupils, respondents should reimburse petitioner for the attorneys fees and expenses he accrued defending himself.
Accordingly, the Supreme Court ordered that the judgment is reversed, without costs, and the petition granted.
