We concur in the result, on constraint of the majority opinion in Matter of Binghamton City School Dist. (Peacock) (33 AD3d 1074 [2006], appeal dismissed 8 NY3d 840 [2007]).
Mugglin, J., concurs. Ordered that the order is modified, on the facts, without costs, by reversing so much thereof as directed remittal to a new Hearing Officer, and, as so modified, affirmed.