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BD. OF EDUC. SERVS. v. MILLS

4 N.Y.3d 51 (2004)

823 N.E.2d 1265

790 N.Y.S.2d 619

In the Matter of MADISON-ONEIDA BOARD OF COOPERATIVE EDUCATIONAL SERVICES, 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 December 21, 2004.

Attorney(s) appearing for the Case

Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse (Henry F. Sobota and Craig M. Atlas of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Evelyn M. Tenenbaum, Caitlin J. Halligan, Daniel Smirlock and Andrea Oser of counsel), for Richard P. Mills, respondent.

Kevin H. Harren, Latham, and James R. Sandner for Lorraine Krason and others, respondents.

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

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

G.B. SMITH, J.

At issue on this appeal is whether teaching assistants (TAs) fall within the purview of Education Law § 3013 (2) for the purpose of determining layoffs. We conclude that they do, and we affirm the order of the Appellate Division.

I

The Board of Cooperative Educational Services for the Madison-Oneida school districts (BOCES) laid-off nine TAs on June 1, 2001, effective June 30, 2001. The layoffs were...

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