Legal Opinion

McCain v. Fernandez

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

Decided April 1, 1996PublishedCited by 6 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the Board of Education of the City of New York, dated April 18, 1991, which terminated the petitioner’s temporary per diem teaching certificate and his services as a substitute teacher.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The administrative review of the decision to terminate the petitioner’s substitute teaching certificate was an "informational” proceeding, and not a hearing mandated by direction of law (see, CPLR 7803 [4]; 7804 [g]). Accordingly, the Supreme…

2Cases cited9 opinions

  1. De Milio v. BorghardNew York Court of Appeals · 1982
  2. 125 Bar Corp. v. State Liquor AuthorityNew York Court of Appeals · 1969
  3. Lubin v. Board of EducationNew York Court of Appeals · 1983
  4. Frasier v. Board of EducationNew York Court of Appeals · 1988
  5. Department of Environmental Protection v. Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1986

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3Cited by6 opinions

  1. Budihas v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2001
  2. Levine v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2000
  3. Von Gizycki v. LevyAppellate Division of the Supreme Court of the State of New York · 2004
  4. Healy v. SheldonAppellate Division of the Supreme Court of the State of New York · 1997
  5. Climent v. Board of Education of Community School District No. 22Appellate Division of the Supreme Court of the State of New York · 2001

1 more not listed; retrieve them via the Exa API.

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