Benjamin v. Macchiarola

Appellate Division of the Supreme Court of New York

Benjamin v. Macchiarola

67 A.D.2d 974, 413 N.Y.S.2d 450, 1979 N.Y. App. Div. LEXIS 10764

Appellate Division of the Supreme Court of the State of New York·Decided February 20, 1979·Published·Cited by 1 cases

Opinion

— In a proceeding pursuant to CPLR article 78, inter alia, to review respondents’ determination dated July 18, 1978, which denied the petitioner tenure as a principal in a day vocational high school, petitioner appeals from a judgment of the Supreme Court, Kings County, dated September 11, 1978, which denied his petition. Judgment affirmed, without costs or disbursements. Special Term correctly denied the petitioner’s application. He has not availed himself of his remedy under the by-laws of the board of education and his collective bargaining agreement. Furthermore, he has raised allegations unsupported in the record. Titone, J. P., Suozzi, O’Connor and Lazer, JJ., concur.

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— In a proceeding pursuant to CPLR article 78, inter alia, to review respondents’ determination dated July 18, 1978, which denied the petitioner tenure as a principal in a day vocational high school, petitioner appeals from a judgment of the Supreme Court, Kings County, dated September 11, 1978, which denied his petition. Judgment affirmed, without costs or disbursements. Special Term correctly denied the petitioner’s application. He has not availed himself of his remedy under the by-laws of the board of education and his collective bargaining agreement. Furthermore, he has raised allegations unsupported in the record. Titone, J. P., Suozzi, O’Connor and Lazer, JJ., concur.

Benjamin v. Macchiarola, 67 A.D.2d 974, 413 N.Y.S.2d 450, 1979 N.Y. App. Div. LEXIS 10764 (N.Y. Ct. App. 1979).

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Opinion

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