In the Matter of Deborah Sagal-Cotler v. Board of Education of the City School District of the City of New York, et al. In the Matter of Josephine Thomas v. New York City Department of Education, et al. Both cases were ruled upon by the New York Court of Appeals Facts: Both petitioners were paraprofessionals employed in New York City public schools who had been sued by students who alleged that the petitioners had hit them. Both petitioners did not dispute that their actions, regarding corporal punishment of the students, violated a Rule of the Board of Regents which prohibited corporal punishment. When both petitioners asked the City of New York to defend them, the city refused on the grounds that the petitioners actions precluded them from having the City pay for their defense. The petitioners claimed that they were entitled to a defense paid for by the City under Education Law § 3028. This section provided for a defense paid for by the City when a compl