Ciccarelli v. Board of Education of the West Seneca Central School District

Judgment unanimously reversed, on the law, with costs, and petition granted in accordance with the following memorandum: Special Term erred in dismissing petitioner’s CPLR article 78 petition. The record is devoid of evidence that petitioner “abandoned” her tenured teaching position. “[T]he burden of proving abandonment is upon the school district and must be established by clear and convincing evidence that the petitioner, by a voluntary and deliberate act, intended to relinquish her teaching position and forfeit her tenure rights (see Matter of Boyd v Collins, 11 NY2d 228; People ex rel.…