Legal Opinion · Dissent

Roberts v. Community School Board of District No. 6

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

Decided February 28, 1985Published

1Dissent

Kupferman, J. P.,

dissents in a memorandum as follows: I would reverse and reinstate petitioner.

Education Law § 2573 (1) (b) requires that all principals serve a probationary period of three years. Petitioner was appointed as a junior high school (JHS) principal and served (concurrently as a deputy superintendent for curriculum) uninterruptedly from May 1, 1979 to November 1, 1981, or 2Vz full years. After November 1, he took on the additional responsibility of serving as acting community superintendent for the balance of the school year. This was understood to be a temporary position, while…

2Cases cited6 opinions

Ricca v. Board of EducationNew York Court of Appeals · 1979
Moritz v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1977
Board of Education of the City School District of Oneida v. NyquistAppellate Division of the Supreme Court of the State of New York · 1977
MATTER OF BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF ONEIDA v. NyquistNew York Court of Appeals · 1978
Taylor v. BerberianNew York Court of Appeals · 1983

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