Legal Opinion

Harris v. Mechanicville Central School District

New York Court of Appeals

Decided July 11, 1978PublishedCited by 51 opinions

1Opinion of the Court

*282OPINION OF THE COURT

Chief Judge Breitel.

Petitioner, a tenured teacher, in a CPLR article 78 proceeding, seeks to annul a determination of respondent school district dismissing him on two charges of insubordination (see Education Law, § 3020-a, subd 5). Special Term sustained the first charge, but annulled the second and remanded the matter to the board of education for fixing of a sanction short of dismissal. The Appellate Division modified by reinstating both the second charge and the dismissal, and petitioner appeals.

The preliminary issue is whether the board’s determination, apart from the…

2Cases cited2 opinions

  1. Ahsaf v. NyquistNew York Court of Appeals · 1975
  2. Matter of Short v. Nassau County Civil Serv. Comm'nNew York Court of Appeals · 1978

3Cited by51 opinions

  1. Lackow v. Department of EducationAppellate Division of the Supreme Court of the State of New York · 2008
  2. Bolt v. N.Y.C. Dep't of Educ.Court for the Trial of Impeachments and Correction of Errors · 2018
  3. BD. OF ED. OF FORT MADISON COMMUNITY v. YouelSupreme Court of Iowa · 1979
  4. Stastny v. Board of Trustees of Central Washington UniversityCourt of Appeals of Washington · 1982
  5. Board of Education of the City School District v. MillsAppellate Division of the Supreme Court of the State of New York · 1998

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