Smolen v. Board of Education

Appellate Division of the Supreme Court of New York

Smolen v. Board of Education

304 A.D.2d 834, 757 N.Y.S.2d 888, 2003 N.Y. App. Div. LEXIS 4530

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

DecidedApril 28, 2003

StatusPublished

This text of 304 A.D.2d 834 (Smolen v. Board of Education) 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

Smolen v. Board of Education, 304 A.D.2d 834, 757 N.Y.S.2d 888, 2003 N.Y. App. Div. LEXIS 4530 (N.Y. Ct. App. 2003).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Board of Education of the City School District of New York, dated September 13, 2000, terminating the petitioner’s employment as a probationary teacher, the appeal is from a judgment of the Supreme Court, Kings County (Bernstein, J.), dated November 26, 2001, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner failed to demonstrate that his probationary term commenced prior to the date of his formal appointment (see Melnick v Board of Educ., 104 AD2d 943 [1984]; cf. Ricca v Board of Educ., 47 NY2d 385 [1979]). Thus, the petitioner could not have acquired tenure by estoppel at the time of his dismissal and was subject to the termination of his employment without a hearing.

The petitioner’s remaining contentions either are unpreserved for appellate review or without merit. Altman, J.P., Smith, McGinity and Cozier, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Board of Education of the City School District of New York, dated September 13, 2000, terminating the petitioner’s employment as a probationary teacher, the appeal is from a judgment of the Supreme Court, Kings County (Bernstein, J.), dated November 26, 2001, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner failed to demonstrate that his probationary term commenced prior to the date of his formal appointment (see Melnick v Board of Educ., 104 AD2d 943 [1984]; cf. Ricca v Board of Educ., 47 NY2d 385 [1979]). Thus, the petitioner could not have acquired tenure by estoppel at the time of his dismissal and was subject to the termination of his employment without a hearing.

The petitioner’s remaining contentions either are unpreserved for appellate review or without merit. Altman, J.P., Smith, McGinity and Cozier, JJ., concur.

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Bluebook (online)

304 A.D.2d 834, 757 N.Y.S.2d 888, 2003 N.Y. App. Div. LEXIS 4530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smolen-v-board-of-education-nyappdiv-2003.

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