Shore v. Board of Examiners

Appellate Division of the Supreme Court of New York

Shore v. Board of Examiners

56 A.D.2d 872, 392 N.Y.S.2d 328, 1977 N.Y. App. Div. LEXIS 11239

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

DecidedMarch 14, 1977

StatusPublished

This text of 56 A.D.2d 872 (Shore v. Board of Examiners) 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

Shore v. Board of Examiners, 56 A.D.2d 872, 392 N.Y.S.2d 328, 1977 N.Y. App. Div. LEXIS 11239 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination which revoked petitioner’s teaching license and terminated her services, she appeals from a judgment of the Supreme Court, Kings County, entered September 9, 1976, which dismissed the petition. Judgment affirmed, without costs or disbursements. The record makes it abundantly clear that petitioner’s license was issued subject to verification that she had met the minimum eligibility requirements, including college-supervised student-teaching or its authorized substitute, by February 1, 1972. Having concededly failed to do so, the subsequent revocation of her license was entirely proper and timely. The one-year limitations period for certification of a license holder’s failure to timely complete preparation requirements, contained in subdivision (f) of section 241 of the Board of Education’s by-laws, only applies, in our view, to the completion of the full or maximum eligibility requirements, which would include the requisite master’s degree or 30 semester hours of graduate study. Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review a determination which revoked petitioner’s teaching license and terminated her services, she appeals from a judgment of the Supreme Court, Kings County, entered September 9, 1976, which dismissed the petition. Judgment affirmed, without costs or disbursements. The record makes it abundantly clear that petitioner’s license was issued subject to verification that she had met the minimum eligibility requirements, including college-supervised student-teaching or its authorized substitute, by February 1, 1972. Having concededly failed to do so, the subsequent revocation of her license was entirely proper and timely. The one-year limitations period for certification of a license holder’s failure to timely complete preparation requirements, contained in subdivision (f) of section 241 of the Board of Education’s by-laws, only applies, in our view, to the completion of the full or maximum eligibility requirements, which would include the requisite master’s degree or 30 semester hours of graduate study. Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 872, 392 N.Y.S.2d 328, 1977 N.Y. App. Div. LEXIS 11239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shore-v-board-of-examiners-nyappdiv-1977.