Appellate Division of the Supreme Court of the State of New York January 5, 1995 (Turco v. Board of Education of the Windsor Central School District)

Cardona, P. J.

Appeal from an order of the Supreme Court (Coutant, J.), entered January 12, 1994 in Broome County, which (1) partially dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent terminating petitioner’s position as a physical education teacher, and (2) transferred to this Court the issue of substantial evidence.