Matter of Buenzow v. Lewiston-Porter Cent. Sch. Dist.

New York Court of Appeals

Matter of Buenzow v. Lewiston-Porter Cent. Sch. Dist.

474 N.E.2d 1194, 64 N.Y.2d 676, 485 N.Y.S.2d 526, 1984 N.Y. LEXIS 4908

CourtNew York Court of Appeals

DecidedDecember 11, 1984

StatusPublished

Cited by3 cases

This text of 474 N.E.2d 1194 (Matter of Buenzow v. Lewiston-Porter Cent. Sch. Dist.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Matter of Buenzow v. Lewiston-Porter Cent. Sch. Dist., 474 N.E.2d 1194, 64 N.Y.2d 676, 485 N.Y.S.2d 526, 1984 N.Y. LEXIS 4908 (N.Y. 1984).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice Stewart F. Hancock, Jr. We add only that a literal application of section 3014-b of the Education Law — advocated by neither party to this appeal — could have anomalous and, we believe, unintended consequences, for example, the automatic transfer of senior BOCES teachers, against their wish, to school districts where no positions are available, even where their BOCES positions remain available. Clarification by the Legislature could help avoid such consequences (see, e.g., Matter of Acinapuro v Board of Coop. Educational Servs., 89 AD2d 329, 339).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order affirmed, with costs, in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice Stewart F. Hancock, Jr. We add only that a literal application of section 3014-b of the Education Law — advocated by neither party to this appeal — could have anomalous and, we believe, unintended consequences, for example, the automatic transfer of senior BOCES teachers, against their wish, to school districts where no positions are available, even where their BOCES positions remain available. Clarification by the Legislature could help avoid such consequences (see, e.g., Matter of Acinapuro v Board of Coop. Educational Servs., 89 AD2d 329, 339).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order affirmed, with costs, in a memorandum.

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474 N.E.2d 1194, 64 N.Y.2d 676, 485 N.Y.S.2d 526, 1984 N.Y. LEXIS 4908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-buenzow-v-lewiston-porter-cent-sch-dist-ny-1984.

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