Legal Opinion · Concurrence

Marshall v. Pittsford Central School District

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

Decided November 16, 2012Published

1ConcurrenceFahey, J.

I respectfully concur in the result reached by the majority, namely, the affirmance of the judgment granting respondents’ motion to dismiss the petition. I agree with petitioner and the majority that a Juul agreement (see Matter of Juul v Board of Educ. of Hempstead School Dist. No. 1, Hempstead, 76 AD2d 837, 838 [1980], affd for reasons stated 55 NY2d 648, 649 [1981]) not approved by a school board is an impermissible abdication of a school board’s responsibility to act as trustee (see Education Law § 1710) and manager (see § 1804 [1]) of the school district. I write separately, however,…

2Cases cited8 opinions

  1. Cohoes City School District v. Cohoes Teachers Ass'nNew York Court of Appeals · 1976
  2. Board of Education v. AremanNew York Court of Appeals · 1977
  3. Feinerman v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1979
  4. Juul v. Board of Education of Hempstead School District No. 1New York Court of Appeals · 1981
  5. Syracuse Orthopedic Specialists, P.C. v. HootnickAppellate Division of the Supreme Court of the State of New York · 2007

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