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Hauppauge Classroom Teachers Ass'n v. Millman

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1970
35 A.D.2d 844 (N.Y. App. Div. 1970)

Opinion

November 30, 1970


In a proceeding pursuant to article 78 of the CPLR to compel respondents to recommend and appoint petitioner Hoogerhyde to a tenured position as a music teacher, petitioners appeal from an order of the Supreme Court, Suffolk County, dated September 21, 1970, which denied the application and granted respondents' motion to dismiss the proceeding on the ground that petitioners do not have legal capacity to sue. Order affirmed, without costs. We agree with the Special Term's conclusion that the acceptance by respondents of petitioner Hoogerhyde's resignation barred this proceeding. In any event, the conceded failure of respondents to observe and evaluate a probationary teacher in accordance with the terms of the agreement with the petitioner teachers' association does not confer any rights with regard to tenure upon such a teacher (cf. Matter of Pinto v. Wynstra, 22 A.D.2d 914; Matter of Butler v. Allen, 29 A.D.2d 799; Matter of McMaster v. Owens, 275 App. Div. 506; Albaum v. Carey, 310 F. Supp. 594; Education Law, § 3012, subd. 2). Christ, P.J., Latham, Kleinfeld, Brennan and Benjamin, JJ., concur.


Summaries of

Hauppauge Classroom Teachers Ass'n v. Millman

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1970
35 A.D.2d 844 (N.Y. App. Div. 1970)
Case details for

Hauppauge Classroom Teachers Ass'n v. Millman

Case Details

Full title:In the Matter of HAUPPAUGE CLASSROOM TEACHERS ASSOCIATION et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 30, 1970

Citations

35 A.D.2d 844 (N.Y. App. Div. 1970)

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