PIERCE v. MONROE 2—ORLEANS


195 Misc.2d 178 (2003)

757 N.Y.S.2d 715

In the Matter of DAVID PIERCE, Petitioner, v. MONROE 2-ORLEANS BOARD OF COOPERATIVE EDUCATIONAL SERVICES, Respondent.

Supreme Court, Monroe County.

March 19, 2003.


Attorney(s) appearing for the Case

NEA of New York, Albany (Paul D. Clayton of counsel), for petitioner.

Harris Beach LLP, Pittsford (Laura M. Purcell of counsel), for respondent.


OPINION OF THE COURT

ROBERT J. LUNN, J.

On June 30, 2002, respondent terminated petitioner from his position as a vocational education teacher. Petitioner, claiming tenure by estoppel, seeks by way of this CPLR article 78 proceeding reinstatement with back pay. A brief history of petitioner's employment with respondent is necessary in order to consider his claims.

Petitioner was first appointed to a full-time teaching position on March 3, 1997. At...

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