Legal Opinion

Matter of Chang v. Department of Educ. of the City of New York

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

Decided March 22, 2016No. 371 100361/14Published

1Opinion of the Court

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered September 8, 2014, which denied the petition challenging respondents’ determination, dated January 14, 2014, terminating petitioner’s contract as a bilingual speech pathologist, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The court properly found that the agreement with petitioner afforded respondents the unconditional right to terminate the contract without cause and that such contract termination clauses are enforceable (see Red Apple Child Dev. Ctr. v Community…

2Cases cited3 opinions

  1. MATTER OF SWINTON v. SafirNew York Court of Appeals · 1999
  2. Red Apple Child Development Center v. Community School Districts TwoAppellate Division of the Supreme Court of the State of New York · 2003
  3. Ying-Qi Yang v. Shew-Foo ChinAppellate Division of the Supreme Court of the State of New York · 2007

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