Legal Opinion
Consedine v. Portville Central School District
New York Court of Appeals
Decided April 7, 2009PublishedCited by 49 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
This appeal requires us to determine: (1) whether a school district can waive its statutory right to discharge a probationary school administrator at any time during the three-year probationary term (see Education Law § 3012 [1] [b]) by entering into a durational, three-year employment contract; and (2) if so, whether defendant Portville Central School District in fact waived that statutory right by executing the contract at issue here. We conclude that the first question should be answered in the affirmative, but hold, under the facts and circumstances of this…
2Cases cited11 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
- Riley v. County of BroomeNew York Court of Appeals · 2000
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3Cited by49 opinions
- Brad H. v. City of New YorkNew York Court of Appeals · 2011
- Albany Law School v. New York State Office of Mental Retardation & Developmental DisabilitiesNew York Court of Appeals · 2012
- U.S. Bank Trust National Ass'n v. AMR Corp.Court of Appeals for the Second Circuit · 2013
- U.S. Bank Trust National Ass'n v. American Airlines, Inc. (In re AMR Corp.)United States Bankruptcy Court, S.D. New York · 2013
- Matter of Tayinha Banos v. John Rhea / Matter of Viola Dial v. John RheaNew York Court of Appeals · 2015
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