Legal Opinion

Madison-Oneida Board of Cooperative Educational Services v. Mills

New York Court of Appeals

Decided December 21, 2004PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

G.B. Smith, J.

At issue on this appeal is whether teaching assistants (TAs) fall within the purview of Education Law § 3013 (2) for the purpose of determining layoffs. We conclude that they do, and we affirm the order of the Appellate Division.

I

The Board of Cooperative Educational Services for the Madison-Oneida school districts (BOCES) laid-off nine TAs on June 1, 2001, effective June 30, 2001. The layoffs were not in accordance with the seniority system within the tenure track *55“teaching assistant”1 pursuant to Education Law § 3013 (2).2 Five of the nine TAs were senior to…

2Cases cited12 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Cohoes City School District v. Cohoes Teachers Ass'nNew York Court of Appeals · 1976
  3. In re the Claim of GruberNew York Court of Appeals · 1996
  4. Baer v. NyquistNew York Court of Appeals · 1974
  5. Ricca v. Board of EducationNew York Court of Appeals · 1979

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3Cited by21 opinions

  1. Roberts v. Tishman Speyer Properties, L.P.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Mayfield v. EvansAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of DeVera v. EliaNew York Court of Appeals · 2018
  4. Jansen Court Homeowners Ass'n v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  5. Matter of Soriano v. EliaAppellate Division of the Supreme Court of the State of New York · 2017

16 more not listed; retrieve them via the Exa API.

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