Carver v. Ithaca City School District

OPINION OF THE COURT

Richard F. Kuhnen, J.

Petitioner, a tenured school teacher employed by the Ithaca City School District, seeks to enjoin the district from holding a hearing to determine whether it should file an application with the New York State Teachers’ Retirement System for involuntary retirement by reason of mental or physical incapacity from performance of duties.

Petitioner disputes the right of the district to hold such a hearing and insists that the retirement system is the proper body to hold the hearing.

On September 24, 1980, we rendered a written decision, stating that in our…