Legal Opinion

Taylor v. Berberian

New York Court of Appeals

Decided December 13, 1983PublishedCited by 5 opinions

1Opinion of the Court

*615OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In cities having a population of 400,000 or more, the discretion to grant tenure to a principal upon completion of his or her probationary period lies exclusively in the superintendent of schools (see Matter of Caraballo v Community School Bd. Dist. 3, 49 NY2d 488; Education Law, § 2573, subd 6). And, although the school board retains ultimate discretion over the termination of a principal during the probationary period (see Education Law, § 2573, subd 1, par [b]), that discretion may not be…

2Cases cited1 opinion

  1. Caraballo v. Community School Board District 3New York Court of Appeals · 1980

3Cited by5 opinions

  1. Dorothy Joseph v. New York City Board of EducationCourt of Appeals for the Second Circuit · 1999
  2. Roberts v. Community School Board of Community District No. 6New York Court of Appeals · 1985
  3. Petrella v. SiegelAppellate Division of the Supreme Court of the State of New York · 1988
  4. Elentuck v. Board of Education of the City School DistrictAppellate Division of the Supreme Court of the State of New York · 1984
  5. Roberts v. Community School Board of District No. 6Appellate Division of the Supreme Court of the State of New York · 1985

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