Opinion

Melnick v. Board of Education

  • 104 A.D.2d 943
  • 480 N.Y.S.2d 560
  • 1984 N.Y. App. Div. LEXIS 20383
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 15, 1984
Status
Published
Cited by
1 cases
Authority
More cited than 58.1%

The opinion

— In a proceeding pursuant to CPLR article 78 to review a determination to terminate petitioner’s probationary service, the appeal is from so much of a judgment of the Supreme Court, Kings County (Pino, J.), dated April 25, 1983, as dismissed the proceeding.

Judgment affirmed, insofar as appealed from, without costs or disbursements.

After reviewing the record, we find that petitioner’s period of probationary service commenced on February 1, 1979. There was no undue delay by respondents in appointing petitioner to his position, and accordingly, we decline to hold that he was entitled to receive probationary credit prior to his formal appointment by the Board (cf. Ricca v Board of Educ., 47 NY2d 385 ). Petitioner therefore could not have acquired tenure by estoppel at the time of his dismissal and his employment was subject to termination upon recommendation of the Superintendent (M atter of Pascal v Board of Educ., 100 AD2d 622 ). Lazer, J. P., Thompson, Weinstein and Eiber, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.