# Melnick v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · October 15, 1984 · 104 A.D.2d 943

URL: https://www.frixlaw.com/law-library/cases/5871594

## Case

- **Full name:** In the Matter of Arthur Melnick v. Board of Education of the City School District of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 15, 1984
- **Citations:** 104 A.D.2d 943; 480 N.Y.S.2d 560; 1984 N.Y. App. Div. LEXIS 20383
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5871594

## Opinion text

— 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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5871594. Public record. Not legal advice.