MATTER OF FEINERMAN v. BOCES


48 N.Y.2d 491 (1979)

In the Matter of Muriel Feinerman, Respondent-Appellant, v. Board of Cooperative Educational Services of Nassau County, Appellant-Respondent, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 27, 1979.


Attorney(s) appearing for the Case

John J. Naun and James R. Sandner for respondent-appellant.

Marshall D. Sweetbaum for appellant-respondent.

Judges JONES, FUCHSBERG and MEYER concur with Judge JASEN; Judge WACHTLER dissents and votes to modify in favor of petitioner in a separate opinion in which Chief Judge COOKE and Judge GABRIELLI concur.


JASEN, J.

The dispositive issue on this appeal is whether a prospective teacher may waive the right to be appointed to a three-year probationary period in a tenure-bearing position.

The facts are uncomplicated and may be briefly summarized. In February of 1974, petitioner Muriel Feinerman was appointed by respondent Board of Cooperative Educational Services...

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