Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that the plaintiff was denied his right to due process as a matter of law based upon his dismissal by the defendants without notice and opportunity to respond prior to his discharge, as required by 14 NYCRR 690.4 (see, Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538; Matter of Prue v. Hunt, 78 N.Y.2d 364; McCreery v. Babylon Union Free School Dist., 827 F. Supp. 136, 138; 14 595 NYCRR 690.4 [c] [6] [iv]). We also agree with the Supreme Court that, under the circumstances of this case, the plaintiff was not required to exhaust the post-termination procedures provided by the defendants (see, Watergate II Apts. v. Buffalo Sewer Auth., 46 N.Y.2d 52, 57). Sullivan, J.P., Balletta, Joy and Friedmann, JJ., concur.