Teen fights suspension in 'noogie' case
What Ethan Mirenberg, 15, thought was a harmless gesture landed him a lengthy suspension. Now, the noogie he allegedly gave his former teacher earlier this school year is making its way through the courts.The boy's father, Bill Mirenberg, plans to appeal a State Supreme Court judge's April decision that allowed the school district's punishment, a 10-month suspension, to stand.
While Ethan, a 14-year-old freshman when the incident occurred in November, will likely be back in school before an appellate decision, his attorney said the appeal is meant to vindicate the boy - who denies the noogie - and pave the way for further legal action.
"This has been very hard for me," Ethan said at a news conference Friday. "I hope to return to Lynbrook next year clean."
Mirenberg's attorney, Edward Paltzik of the Garden City firm Thomas Liotti, said the boy has been through an "unimaginable and appalling nightmare" for what he described as a hug and a light pat on the head.
But the district's attorney, Florence T. Frazer of the Garden City firm Frazer and Feldman, said the boy put middle school Spanish teacher Sharon Cantante in a chokehold and grinded his knuckles into her scalp.
Frazer said the appeal is without merit. "This is a youngster that grabbed a teacher around the neck from behind and held her against her will," she said. "That's serious misconduct."
In his April written decision, Justice Thomas Phelan said: "The court is not inclined to substitute its judgment for the Education Department."
The state education commissioner had denied Mirenberg's request to stay the district's suspension in February, according to a spokesman. The Education Department still is reviewing Mirenberg's appeal.
Ethan was receiving tutoring paid for by the district, but his father moved to East Rockaway so Ethan could enroll in school there in April. Even so, Ethan said he plans to return to Lynbrook when his suspension ends in September because his "whole life" is there.
Original Source : http://www.newsday.com/news/local/nassau/ny-linoog215736114jun21,0,2670962.story
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