Scro v. Board of Education of Jordan-Elbridge Central School District

Memorandum:

Petitioner commenced this CPLR article 78 proceeding alleging that respondents terminated his employment as a school district treasurer in violation of his due process rights and Education Law § 306 (1) and seeking, inter alia, reinstatement to his position with back pay. We conclude that Supreme Court erred in granting the petition.

We agree with respondents and the contention of the New York State School Boards Association, Inc. in its amicus curiae brief that, under Education Law § 2130 (4), petitioner was an at-will employee who was not entitled to pre-termination due process.…