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Legal Opinion

Alessi v. Board of Education

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

Decided February 8, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Peradotto, J.

Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination of respondent Board of Education, Wilson Central School District (District), that she was the least senior teacher in the foreign language tenure area. According to petitioner, the determination was affected by an error of law and was arbitrary and capricious. Petitioner also seeks “seniority credit” for the services that she rendered to the District from November 6, 2006 through February 10, 2010, reinstatement to her former position, and “restitution” for…

2Cases cited12 opinions

  1. Mtr. Lezette v. Bd. of Educ., HudsonNew York Court of Appeals · 1974
  2. Gould v. Board of EducationNew York Court of Appeals · 1993
  3. Ward v. NyquistNew York Court of Appeals · 1977
  4. Girard v. Board of Education of City School District of City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1991
  5. Cole v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1982

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