Pierce v. Monroe 2—Orleans Board of Cooperative Educational Services

OPINION OF THE COURT

Robert J. Lunn, J.

On June 30, 2002, respondent terminated petitioner from his position as a vocational education teacher. Petitioner, claiming tenure by estoppel, seeks by way of this CPLR article 78 proceeding reinstatement with back pay. A brief history of petitioner’s employment with respondent is necessary in order to consider his claims.

Petitioner was first appointed to a full-time teaching position on March 3, 1997. At the time of this appointment, petitioner did not possess either a provisional or permanent teacher’s certificate. Effective August 25, 1997,…