This section contains the nature of the case and procedural background.

D appointed P to the position of 'cleaner.' One year later School District officials became aware of a series of thefts that had been occurring at the district offices. The Police were notified and a formal investigation commenced. Shortly thereafter P was arrested and charged with third-degree burglary. P was suspended by D because of his alleged participation in these break-ins. D sent P a letter requesting a full written explanation of his involvement in the matter. P never responded. P through the attorney representing him in the criminal proceedings, wrote D indicating that P had been suspended without an opportunity to be heard, in violation of his constitutional rights, and requesting an opportunity to be heard. D terminated his employment. No information regarding the reasons for P's termination from employment was placed in his personnel file. D also directed that managers and their staff maintain the strictest confidentiality regarding the recent events at the School. No direct mention of P was contained in that memo. The burglary charge against P was reduced to a misdemeanor and he was granted an adjournment in contemplation of dismissal pursuant to New York Criminal Procedure Law § 170.55. P instituted the present action charging that Ds had deprived him of property and liberty interests without due process of law. The district court held that P possessed no protectable property interest under either New York law or the terms of his collective bargaining agreement and that P had not demonstrated a protected liberty interest because he was unable to show that Ds publicized the allegedly false and defamatory information. The trial court also held that P had been given an opportunity to be heard under the terms of the collective bargaining agreement, but had declined to exercise that right. P appealed from the grant of summary judgment.

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