Legal Opinion

Davis v. Mills

New York Court of Appeals

Decided June 6, 2002PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

The Board of Education of the Westport Central School District abolished petitioner’s position as a school psychologist and replaced it with a new elementary school counselor position. The issue in this appeal is whether Education Law § 2510 (1) gives petitioner a right to be re-employed in the new position. As petitioner was not certified as an elementary school counselor, we conclude that the Commissioner of Education did not abuse his discretion in determining that petitioner is not entitled to re-employment under Education Law § 2510 (1).

Petitioner served…

2Cases cited7 opinions

  1. People v. MaherNew York Court of Appeals · 1992
  2. Steele v. Board of EducationNew York Court of Appeals · 1976
  3. Chauvel v. NyquistNew York Court of Appeals · 1977
  4. Ward v. NyquistNew York Court of Appeals · 1977
  5. Matter of Kransdorf v. Bd. of Educ. of the Northport-E. Northport Union Free Sch. Dist.New York Court of Appeals · 1993

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3Cited by14 opinions

  1. Madison-Oneida Board of Cooperative Educational Services v. MillsNew York Court of Appeals · 2004
  2. Civil Service Employees Ass'n v. Rockland County Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 2007
  3. Price v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2008
  4. Davis v. School District of City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2004
  5. Matter of Natural Resources Defense Council, Inc. v. New York State Department of Environmental ConservationNew York Court of Appeals · 2015

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