Nixon v. Board of Cooperative Educational Services of Sole Supervisory District of Steuben-Allegany Counties

Judgment unanimously reversed on the law with costs and petition granted. Memorandum: Petitioner, a holder of a doctorate degree, was appointed Director of Instructional Support Services of respondent, effective October 2, 1984. Because respondent was acting under the erroneous belief that petitioner’s position did not require certification by the State Education Department (SED), certification was not made a condition of petitioner’s employment. There is no dispute that petitioner was eligible for certification. In fact, she had been certified in allied positions in the States of West…