Weimer v. Board of Education of Smithtown Central School District No. 1

Weinstein, J., dissents and votes to reverse the order insofar as appealed from, and grant summary judgment to the appellant, with the following memorandum:

The instant litigation grew out of an earlier action brought by appellant George Weimer against the defendant school district, of which he had formerly been the tenured assistant superintendent for business affairs. In the earlier action, Weimer alleged that he had been eliminated from the school district’s payroll without cause and through subterfuge when a reorganization plan transferred the duties of his position to two new positions,…