Matter of Wagner v. New York City Bd. of Educ.
Matter of Wagner v. New York City Bd. of Educ.
2026 NY Slip Op 00869
Opinion
Matter of Wagner v New York City Bd. of Educ. (2026 NY Slip Op 00869)
Decided and Entered: February 17, 2026
Before: Kern, J.P., Moulton, Kennedy, Gesmer, Higgitt, JJ.
Index No. 151346/23|Appeal No. 1152|Case No. 2023-02614|
| Matter of Wagner v New York City Bd. of Educ. |
| 2026 NY Slip Op 00869 |
| Decided on February 17, 2026 |
| Appellate Division, First Department |
| 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 and Entered: February 17, 2026
Before: Kern, J.P., Moulton, Kennedy, Gesmer, Higgitt, JJ.
Index No. 151346/23|Appeal No. 1152|Case No. 2023-02614|
[*1]In the Matter of Jimmy Wagner, Petitioner,
v
New York City Board of Education, Defendant-Respondent.
v
New York City Board of Education, Defendant-Respondent.
Upon remittitur from the Court of Appeals (_ NY3d _, 2025 NY Slip Op 05783 [2025]), the order entered December 5, 2023 (222 AD3d 420 [1st Dept 2023]), insofar as appealed, unanimously reversed, with costs, and the matter remanded to the New York City Board of Education for further proceedings in accordance with Matter of Wagner v New York City Dept. of Educ., (_ NY3d _, 2025 NY Slip Op 05783).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: February 17, 2026
Case-law data current through December 31, 2025. Source: CourtListener bulk data.