Legal Opinion

Mannix v. Board of Education

New York Court of Appeals

Decided February 22, 1968PublishedCited by 9 opinions

1Opinion of the CourtBergan, J.

The question presented by this appeal is the validity of conditions of additional qualification attached to the permanent appointment of a .teacher who has served a satisfactory probationary period. After permanent appointment may a teacher be removed without a hearing and without charges of incompetency because all the preconditions have not been fulfilled?

The statute applicable to the City of New York (Education Law, § 2573) is quite explicit in two relevant respects: (a) it prohibits the extension of a teacher’s probationary period beyond three years (subd, 1); (b) after the making of a…

2Cases cited3 opinions

  1. Kobylski v. AgoneNew York Supreme Court · 1962
  2. People Ex Rel. Murphy v. . MaxwellNew York Court of Appeals · 1904
  3. Lapolla v. Board of EducationNew York Court of Appeals · 1940

3Cited by9 opinions

  1. Ricca v. Board of EducationNew York Court of Appeals · 1979
  2. Moritz v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1977
  3. Barber v. Exeter-West Greenwich School CommitteeSupreme Court of Rhode Island · 1980
  4. Dwyer v. Board of Education of the Cazenovia Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1978
  5. Marcus v. Board of Education of Cohoes City School DistrictAppellate Division of the Supreme Court of the State of New York · 1978

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