Legal Opinion

Venes v. Community School Board

New York Court of Appeals

Decided February 14, 1978PublishedCited by 78 opinions

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

In this case we are called upon to determine whether the doctrine of res judicata prevents a school board from reconsidering its prior determination not to dismiss a probationary employee. We hold that it does not.

The essential facts are undisputed. Petitioner was employed on a probationary basis as a licensed school secretary. She was assigned to two schools within respondent school district, working two days a week in one and three days a week in the other. In March, 1973, after working in the two schools for several months, petitioner received…

2Cases cited13 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Codd v. VelgerSupreme Court of the United States · 1977
  3. Evans v. MonaghanNew York Court of Appeals · 1954
  4. People Ex Rel. Finnegan v. . McBrideNew York Court of Appeals · 1919
  5. James v. Board of EducationNew York Court of Appeals · 1975

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3Cited by78 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. People v. BerkowitzNew York Court of Appeals · 1980
  3. Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981
  4. Staatsburg Water Co. v. Staatsburg Fire DistrictNew York Court of Appeals · 1988
  5. Allied Chemical v. Niagara Mohawk Power Corp.New York Court of Appeals · 1988

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