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] (96 AD3d 1536 [2012]). Present—Scudder, P.J., Smith, Fahey, Carni and Sconiers, JJ. [Prior Case History: 32 Misc 3d. 334.]