Kilmer v. Board of Education

OPINION OF THE COURT

Francis A. Affronti, J.

In these separate CPLR article 78 proceedings, which have been combined for purposes of this decision, the petitioners challenge the termination of their previous employment as administrators by the Rochester City School District, precipitated by a fiscal crisis, as violative of their tenure rights afforded under Education Law § 2585 (3). The statutory mandate relied upon in support thereof, states as follows: "Whenever a board of education abolishes a position under this chapter, the services of the teacher having the least seniority in the system…