City School District of City of Elmira v. Newcomb

—Carpinello, J.

Appeal from an order of the Supreme Court (Ellison, J.), entered June 19, 1998 in Chemung County, which, inter alia, denied defendant’s cross motion for summary judgment.

At issue in this declaratory judgment action is the status of defendant’s employment with plaintiff. At the commencement of the 1997-1998 school year, defendant claimed that he was unable to return to his position as a tenured guidance counselor due to medical problems and he subsequently did not work (with the apparent exception of two days) for the entire fall semester. By letter dated December 11, 1997, he…