Smith v. Board of Education

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division in each case should be affirmed, with costs.

Appellants, Thomas Henry Smith, III, and Henry Cutler, were tenured teachers employed by respondents — Smith as a mathematics teacher and Cutler in elementary education. Respondents suspended them without pay, pending hearings pursuant to section 3020-a of the Education Law, because their provisional certificates expired and they failed to obtain permanent certification. Nearly 10 months after his suspension on May 21, 1981, Smith received a new provisional certificate in business…