Legal Opinion

Baer v. Nyquist

New York Court of Appeals

Decided June 6, 1974PublishedCited by 76 opinions

1Opinion of the Court

Chief Judge Breitel.

The Commissioner of Education appeals in an article 78 proceeding brought by a junior high *294school teacher to obtain recognition of his tenure. Special Term and the Appellate Division had determined the proceeding in the teacher’s favor. The principal issue is whether local school districts may limit, in their discretion, the teaching areas in which they grant tenure, without, defined standards, subject only to the ad hoc approval of the commissioner.

The order of the Appellate Division should be affirmed. While tenure limited to curricular classifications might permitted…

2Cases cited5 opinions

  1. Bullock v. . CooleyNew York Court of Appeals · 1919
  2. Packer Collegiate Institute v. University of New YorkNew York Court of Appeals · 1948
  3. Guardian Life Insurance Co. of America v. BohlingerNew York Court of Appeals · 1954
  4. Ross v. WilsonNew York Court of Appeals · 1955
  5. Guardian Life Insurance Co. of America v. BohlingerAppellate Division of the Supreme Court of the State of New York · 1954

3Cited by76 opinions

  1. Gould v. Board of EducationNew York Court of Appeals · 1993
  2. James v. Board of EducationNew York Court of Appeals · 1977
  3. Ricca v. Board of EducationNew York Court of Appeals · 1979
  4. Pan American World Airways, Inc. v. New York State Human Rights Appeal BoardNew York Court of Appeals · 1984
  5. Steele v. Board of EducationNew York Court of Appeals · 1976

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