Remus v. Board of Education for Tonawanda City School District

Green, J. P., and Hayes, J.

(dissenting). We respectfully dissent. On June 4, 1998, respondent followed the recommendation of its Superintendent and passed a resolution appointing petitioner on tenure (see, Education Law § 2509 [2]). Although petitioner’s tenure was not effective until September 2, 1998, the appointment on tenure was binding on the date of the resolution (see, Matter of Weinbrown v Board of Educ., 28 NY2d 474, 477; see also, Matter of Marcus v Board of Educ., 64 AD2d 475, 477), and respondent was without power unilaterally to *907rescind the appointment (see, Matter of Cummings v…