Connell v. Board of Education of City School District of City of Utica

Judgment unanimously reversed, with costs, and petition granted. Memorandum: Petitioner appeals from an order and judgment dismissing her CPLR article 78 proceeding seeking reinstatement to her former position as guidance counselor. She asserts that Trial Term erred in holding that she was not an employee of the school district and thus could be discharged without consideration of any tenure rights (see Education Law, §§ 2510, 3012). We agree and hold that petitioner is entitled to reinstatement and may be terminated only in a manner consistent with her rights under section 2510 of the…