Mitchell v. Board of Education of Great Neck Public Schools

Appellate Division of the Supreme Court of New York

Mitchell v. Board of Education of Great Neck Public Schools

48 A.D.2d 835, 368 N.Y.S.2d 280, 1975 N.Y. App. Div. LEXIS 10048

Appellate Division of the Supreme Court of the State of New York·Decided June 2, 1975·Published·Cited by 4 cases

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination which terminated petitioner’s employment as a secondary school teacher, he appeals from a judgment of the Supreme Court, Nassau County, dated March 5, 1974, which denied his application and dismissed the petition. Judgment reversed, on the law, with $20 costs and disbursements, determination annulled, and respondents are directed to reinstate petitioner as of the date of his dismissal, with full economic benefits. Petitioner, a tenured teacher with certification in Latin and Driver Education, did not lose his tenure by voluntarily transferring from the Latin Department, in which he had taught continuously from the date of his appointment, to the Driver Education Department. Petitioner’s tenure was in the area of secondary school instruction, which area encompasses both Latin and Driver Education. Respondents lack the authority to designate these subjects as distinct tenure areas (Matter of Baer v Nyquist, 34 NY2d 291). Consequently, petitioner was not dischargeable at will (Education Law, § 3020-a). Rabin, Acting P. J., Latham, Cohalan, Brennan and Shapiro, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination which terminated petitioner’s employment as a secondary school teacher, he appeals from a judgment of the Supreme Court, Nassau County, dated March 5, 1974, which denied his application and dismissed the petition. Judgment reversed, on the law, with $20 costs and disbursements, determination annulled, and respondents are directed to reinstate petitioner as of the date of his dismissal, with full economic benefits. Petitioner, a tenured teacher with certification in Latin and Driver Education, did not lose his tenure by voluntarily transferring from the Latin Department, in which he had taught continuously from the date of his appointment, to the Driver Education Department. Petitioner’s tenure was in the area of secondary school instruction, which area encompasses both Latin and Driver Education. Respondents lack the authority to designate these subjects as distinct tenure areas (Matter of Baer v Nyquist, 34 NY2d 291). Consequently, petitioner was not dischargeable at will (Education Law, § 3020-a). Rabin, Acting P. J., Latham, Cohalan, Brennan and Shapiro, JJ., concur.

Mitchell v. Board of Education of Great Neck Public Schools, 48 A.D.2d 835, 368 N.Y.S.2d 280, 1975 N.Y. App. Div. LEXIS 10048 (N.Y. Ct. App. 1975).

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48 A.D.2d 835 (Mitchell v. Board of Education of Great Neck Public Schools) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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