City School Dist. of the City of New York v McGrahamCity School Dist. of the City of New York v McGraham 2011 NY Slip Op 08228 Decided on November 17, 2011 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 17, 2011
[*1]The City School District of the City of New York, Appellant,
Colleen McGraham, Respondent.
Stephen J. McGrath, for appellant.
Maria Elena Gonzalez, for respondent.
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Order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided November 17, 2011 Footnotes
Footnote 1: Respondent's employment was terminated in July 2009 because she allowed her teacher's certification to lapse. However, since petitioner seeks her termination under § 3020-a in an effort to prevent her from being in a position to obtain future employment with the Department of Education, this appeal is not moot (see e.g. Matter of Brooklyn Audit Co. v Department of Taxation & Fin., 275 NY 284, 286 ).
City School Dist. of the City of N.Y. v McGrahamCity School Dist. of the City of N.Y. v McGraham 2010 NY Slip Op 06065 [75 AD3d 445] July 13, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 1, 2010
City School District of the City of New York, Respondent,
Colleen McGraham, Appellant.
Footnote 1: Respondent's contention that her Xanga blog entries were not intended to communicate to internet users, including her student, is belied by respondent unwittingly conceding that on certain occasions she posted her blogs in specific response to blog entries by her student.
Footnote 2: On June 30, 2005 respondent wrote "the connection between us is so incredible and special that we will be together in the future."