Winter v. Board of Education for the Rhinebeck Central School District

Yesawich, Jr., J.,

dissents and votes to affirm in a memorandum. Yesawich, Jr., J. (dissenting). I respectfully disagree and vote to affirm.

In my view, neither Matter of Smith v Board of Educ. (65 *827NY2d 797) nor Matter of Meliti v Nyquist (41 NY2d 183) is dispositive of this appeal, for these cases turn on the fact that the petitioning teachers did not hold valid teaching certificates on the day they were suspended. That is not the situation here.

Importantly, in Matter of Smith both the petitioners claimed that because they held valid provisional certificates to teach in areas other than those…