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Hamburg Central School District’s request to continue a misconduct hearing in secret suffered a setback Friday when an Appellate Division judge denied the district’s request to overturn a lower court order requiring the hearing to be open.

Justice Gerald J. Whalen decided not to overturn the temporary restraining order issued Thursday that prevents the hearing from going forward behind closed doors before Wednesday.

The School Board has charged Board Member Catherine Schrauth Forcucci with being confrontational and interfering with the board’s ability to function.

State Supreme Court Justice Diane Y. Devlin said Thursday the hearing could not take place in executive session before the two sides come back before her Wednesday morning to argue the issue. Schrauth Forcucci went to Devlin Thursday in an effort to open the hearing to the public.

The School District had already canceled Friday night’s hearing before the two sides went into Whalen’s chambers to argue the district’s motion that would have kept the hearing closed.

“Nothing stops the district from proceeding with this hearing, except that it can’t be done in executive session,” said Nicholas M. Hriczko, one of Schrauth Forcucci’s attorneys.

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