Home/Appellate Division of the Supreme Court of New York/Matter of Springer v. Board of Educ. of the City Sch. Dist. of the City of N.Y.

Matter of Springer v. Board of Educ. of the City Sch. Dist. of the City of N.Y.

121 A.D.3d 473, 993 N.Y.S.2d 500
Appellate Division of the Supreme Court of the State of New York·Decided October 9, 2014·No. 13156 104080/12·Published·Cited by 2 cases

Opinion

Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered April 9, 2013, denying the petition and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed.

There is no question that petitioner failed to comply with the New York City Department of Education Chancellor’s Regulation Nos. C-205 (28) and (29), which govern withdrawal of a *474 resignation and restoration to tenure. * Hence, when petitioner was rehired by a principal, his tenure was not ipso facto restored. We reject petitioner’s contention that his tenure was constructively restored by his rehiring. Accordingly, we affirm the order dismissing the petition.

Concur — Tom, J.E, Friedman, Feinman, Gische and Kapnick, JJ.
*

We note that neither side has explained why petitioner could not still be restored to tenure if he followed the procedures of the chancellor’s regulations.

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Matter of Springer v. Board of Educ. of the City Sch. Dist. of the City of N.Y., 121 A.D.3d 473, 993 N.Y.S.2d 500 (N.Y. Ct. App. 2014).

121 A.D.3d 473 (Matter of Springer v. Board of Educ. of the City Sch. Dist. of the City of N.Y.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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