Butera v. Floral Park-Bellrose Union Free School District

Appellate Division of the Supreme Court of New York

Butera v. Floral Park-Bellrose Union Free School District

305 A.D.2d 591, 759 N.Y.S.2d 383

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 19, 2003

StatusPublished

This text of 305 A.D.2d 591 (Butera v. Floral Park-Bellrose Union Free School District) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butera v. Floral Park-Bellrose Union Free School District, 305 A.D.2d 591, 759 N.Y.S.2d 383 (N.Y. Ct. App. 2003).

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Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the Floral Park-Bellrose Union Free School District terminating the petitioner from his employment, as of August 1, 2001, the appeal is from a judgment of the Supreme Court, Nassau County (Mahon, J.), dated April 9, 2002, which granted the petition and awarded the petitioner back pay.

[592]*592Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

Section 3031 of the Education Law requires a school district to provide 30 days’ notice to a school administrator whose services are terminated during a probationary period. Here, the petitioner voluntarily resigned his position as assistant principal in the appellant Floral Park-Bellrose Union Free School District. Contrary to the determination of the Supreme Court, the appellant was not required to wait 30 days before accepting that resignation (see Biegel v Board of Educ. of Ellenville Cent. School Dist., 211 AD2d 969, 970 [1995]).

The petitioner’s remaining contentions are without merit. Florio, J.P., Schmidt, Townes and Crane, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the Floral Park-Bellrose Union Free School District terminating the petitioner from his employment, as of August 1, 2001, the appeal is from a judgment of the Supreme Court, Nassau County (Mahon, J.), dated April 9, 2002, which granted the petition and awarded the petitioner back pay.

[592]*592Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

Section 3031 of the Education Law requires a school district to provide 30 days’ notice to a school administrator whose services are terminated during a probationary period. Here, the petitioner voluntarily resigned his position as assistant principal in the appellant Floral Park-Bellrose Union Free School District. Contrary to the determination of the Supreme Court, the appellant was not required to wait 30 days before accepting that resignation (see Biegel v Board of Educ. of Ellenville Cent. School Dist., 211 AD2d 969, 970 [1995]).

The petitioner’s remaining contentions are without merit. Florio, J.P., Schmidt, Townes and Crane, JJ., concur.

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Bluebook (online)

305 A.D.2d 591, 759 N.Y.S.2d 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butera-v-floral-park-bellrose-union-free-school-district-nyappdiv-2003.

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