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Schlosser v. Board of Education

391 N.E.2d 1364, 47 N.Y.2d 811, 418 N.Y.S.2d 388, 1979 N.Y. LEXIS 2071
CourtNew York Court of Appeals
DecidedMay 31, 1979
StatusPublished
Cited by32 cases

This text of 391 N.E.2d 1364 (Schlosser v. Board of Education) 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.

Bluebook
Schlosser v. Board of Education, 391 N.E.2d 1364, 47 N.Y.2d 811, 418 N.Y.S.2d 388, 1979 N.Y. LEXIS 2071 (N.Y. 1979).

Opinion

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed, with costs, for the reasons stated in the opinion by Mr. Justice James D. Hopkins at the Appellate Division, with a caveat. In light of our conclusion that the contractual provisions providing tenure rights to part-time teachers are not violative of any public policy or statute, we deem it unnecessary to reach and accordingly express no opinion as to the applicability, if any, of the statutory tenure scheme to such teachers. As to respondent’s belated attempt to object to petitioners’ alleged failure to comply with section 3813 of the Education Law, any such objection which might otherwise have been raised was waived by the failure to assert it before the court of original jurisdiction.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Order affirmed, with costs, in a memorandum.

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Bluebook (online)
391 N.E.2d 1364, 47 N.Y.2d 811, 418 N.Y.S.2d 388, 1979 N.Y. LEXIS 2071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlosser-v-board-of-education-ny-1979.