Venes v. Community School Board

This is an appeal from a judgment of the Special Term, Queens County, by which the petitioner was reinstated as a probationary school secretary retroactive to the date of her dismissal. The court based its decision on the principle of res judicata in administrative proceedings, in that by failing to obtain a majority vote to remove the petitioner on the first attempt to do so, a second vote taken a month later without any new evidence was held to be illegal (see Matter of Evans v Monaghan, 306 NY 312). We reverse, dismiss the petition and confirm the determination terminating petitioner’s…