Legal Opinion

Ferencik v. Board of Education of Amityville Union Free School District

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 2010PublishedCited by 9 opinions

1Opinion of the Court

The petitioner’s position as an art teacher in the Amityville Union Free School District (hereinafter the district) was abolished in 1992, and she was rehired by the district in 2001. In 2007 she commenced this proceeding alleging that in 2006, she became aware that an art position had become available in 1994 for which she should have been appointed pursuant to Education Law § 3013 (3) (a). Contrary to the petitioner’s contention, the Supreme Court properly denied the petition arid dismissed the proceeding pursuant to the doctrine of primary jurisdiction, as the Commissioner of Education has…

2Cases cited3 opinions

  1. In re Donato v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2001
  2. Markow-Brown v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2003
  3. deVente v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by9 opinions

  1. Moraitis v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2011
  2. Marsico v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 2013
  3. ALDEN CENTRAL SCHOOL DISTRICT, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2014
  4. In re Arbitration Between Alden Central School District & Alden Central Schools Administrators' Ass'nAppellate Division of the Supreme Court of the State of New York · 2014
  5. In re Arbitration Between Alden Central School District & Alden Central Schools Administrators' Ass'nAppellate Division of the Supreme Court of the State of New York · 2014

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