MATTER OF MADISON-ONEIDA BOARD OF COOPERATIVE EDUCATIONAL SERVICES v. MILLS


2 A.D.3d 1240 (2003)

770 N.Y.S.2d 443

In the Matter of MADISON-ONEIDA BOARD OF COOPERATIVE EDUCATIONAL SERVICES, Respondent, v. RICHARD P. MILLS, as Commissioner of Education of the State of New York, et al., Appellants, et al., Respondents.

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

December 31, 2003.


Rose, J.

This matter evolved from an earlier CPLR article 78 proceeding brought by five tenured teaching assistants (hereinafter TAs) who, despite having more seniority than five other TAs, were laid off when petitioner eliminated their positions for the 2001-2002 school year. Supreme Court (Julian, J.) found that respondent Commissioner of Education, by virtue of his office and expertise, has "primary jurisdiction" over such disputes and stayed the proceeding pending...

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