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

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

DecidedJune 2, 1975

StatusPublished

Cited by4 cases

This text of 48 A.D.2d 835 (Mitchell v. Board of Education of Great Neck Public Schools) 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

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).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

48 A.D.2d 835, 368 N.Y.S.2d 280, 1975 N.Y. App. Div. LEXIS 10048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-board-of-education-of-great-neck-public-schools-nyappdiv-1975.

Opinion

Related

Cite This Page — Counsel Stack