1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 98 N.Y.2d
  5. 98 N.Y.2d 120 (2002)
 

DAVIS v. MILLS

98 N.Y.2d 120 (2002)

778 N.E.2d 540

748 N.Y.S.2d 890

In the Matter of MAXINE DAVIS, Appellant, v. RICHARD P. MILLS, as Commissioner of Education of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 6, 2002.

Attorney(s) appearing for the Case

Kevin H. Harren, Albany, and James R. Sandner for appellant.

Eliot Spitzer, Attorney General, Albany (Frank Brady, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for Richard P. Mills, respondent.

Law Firm of Frank W. Miller, East Syracuse (Frank W. Miller of counsel), for Board of Education of the Westport Central School District, respondent.

Jay Worona, Latham, and John A. Miller for New York State School Boards Association, Inc., amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

The Board of Education of the Westport Central School District abolished petitioner's position as a school psychologist and replaced it with a new elementary school counselor position. The issue in this appeal is whether Education Law § 2510 (1) gives petitioner a right to be re-employed in the new position. As petitioner was not certified as an elementary school counselor, we conclude that the Commissioner of Education...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases