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MATTER OF SMOLEN v. BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF NEW YORK

304 A.D.2d 834 (2003)

757 N.Y.S.2d 888

In the Matter of MARK SMOLEN, Appellant, v. BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF NEW YORK, Respondent.

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

Decided April 28, 2003.

Ordered that the judgment is affirmed, with costs.

The petitioner failed to demonstrate that his probationary term commenced prior to the date of his formal appointment (see Melnick v Board of Educ., 104 A.D.2d 943 [1984]; cf. Ricca v Board of Educ., 47 N.Y.2d 385 [1979]). Thus, the petitioner could not have acquired tenure by estoppel at the time of his dismissal and was subject...

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