CITY SCHOOL DISTRICT OF THE CITY OF ELMIRA v. NEWCOMB


266 A.D.2d 622 (1999)

697 N.Y.S.2d 736

CITY SCHOOL DISTRICT OF THE CITY OF ELMIRA, Respondent, v. JAMES C. NEWCOMB, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 4, 1999.


Carpinello, J.

At issue in this declaratory judgment action is the status of defendant's employment with plaintiff. At the commencement of the 1997-1998 school year, defendant claimed that he was unable to return to his position as a tenured guidance counselor due to medical problems and he subsequently did not work (with the apparent exception of two days) for the entire fall semester. By letter dated December 11, 1997, he tendered a written notice of retirement...

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