McManus v. Board of Education of Hempstead Union Free School District

Appellate Division of the Supreme Court of New York

McManus v. Board of Education of Hempstead Union Free School District

212 A.D.2d 617, 622 N.Y.S.2d 333, 1995 N.Y. App. Div. LEXIS 1473

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

DecidedFebruary 14, 1995

StatusPublished

This text of 212 A.D.2d 617 (McManus v. Board of Education of Hempstead 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

McManus v. Board of Education of Hempstead Union Free School District, 212 A.D.2d 617, 622 N.Y.S.2d 333, 1995 N.Y. App. Div. LEXIS 1473 (N.Y. Ct. App. 1995).

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Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the Hempstead Union Free School District, dated July 29, 1993, denying the petitioner tenure as a principal and terminating her employment, the petitioner appeals from a judgment of the Supreme Court, Nassau County (McCabe, J.), dated October 28, 1993, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Because "Jarema Credit” only applies to teachers, the service of the petitioner, while she held the title of acting principal, could not be counted as part of her probationary period (see, Matter of Roberts v Community School Bd., 66 NY2d 652). The petitioner was therefore still serving a probationary appointment when the Board of Education of the Hempstead Union Free School District (hereinafter the Board) terminated her employment without cause. The Board’s determination was neither arbitrary, capricious, nor irrational (see, Matter of Pell v Board of Educ., 34 NY2d 222; Matter of Harrison v Goldstein, 204 AD2d 451).

We have reviewed the petitioner’s remaining contention and find it to be without merit. Bracken, J. P., Balletta, Copertino and Hart, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the Hempstead Union Free School District, dated July 29, 1993, denying the petitioner tenure as a principal and terminating her employment, the petitioner appeals from a judgment of the Supreme Court, Nassau County (McCabe, J.), dated October 28, 1993, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Because "Jarema Credit” only applies to teachers, the service of the petitioner, while she held the title of acting principal, could not be counted as part of her probationary period (see, Matter of Roberts v Community School Bd., 66 NY2d 652). The petitioner was therefore still serving a probationary appointment when the Board of Education of the Hempstead Union Free School District (hereinafter the Board) terminated her employment without cause. The Board’s determination was neither arbitrary, capricious, nor irrational (see, Matter of Pell v Board of Educ., 34 NY2d 222; Matter of Harrison v Goldstein, 204 AD2d 451).

We have reviewed the petitioner’s remaining contention and find it to be without merit. Bracken, J. P., Balletta, Copertino and Hart, JJ., concur.

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Bluebook (online)

212 A.D.2d 617, 622 N.Y.S.2d 333, 1995 N.Y. App. Div. LEXIS 1473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmanus-v-board-of-education-of-hempstead-union-free-school-district-nyappdiv-1995.

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