Taylor v. Berberian

Alexander, J. (dissenting).

I respectfully dissent fiom the conclusion reached by the majority that the power to terminate petitioner’s employment as of August 17, 1982, lay exclusively with respondent. I do not read Matter of Caraballo v Community School Bd. Dist. 3 (49 NY2d 488), as requiring that result nor do I believe that such a result is required by the concurring opinion of Judge Meyer in Matter of United Liverpool Faculty Assn. v Board of Educ. (52 NY2d 1038, 1041-1042). To construe section 2573 (subd 1, par [b]) of the Education Law so as to grant unrestricted authority to a…