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CONSEDINE v. PORTVILLE CENT. SCHOOL DIST.

12 N.Y.3d 286 (2009)

JOHN R. CONSEDINE, Respondent, v. PORTVILLE CENTRAL SCHOOL DISTRICT et al., Appellants.

Court of Appeals of New York.

Decided April 7, 2009.

Attorney(s) appearing for the Case

Hodgson Russ LLP Buffalo (Hugh M. Russ, III, and Julia M. Hilliker of counsel), for appellants.

Office of General Counsel, School Administrators Association of New York State, Latham (John Kershko and Arthur P Scheuermann of counsel), for respondent.

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

Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

JONES, J.

This appeal requires us to determine: (1) whether a school district can waive its statutory right to discharge a probationary school administrator at any time during the three-year probationary term (see Education Law § 3012 [1] [b]) by entering into a durational, three-year employment contract; and (2) if so, whether defendant Portville Central School District in fact waived that statutory right by executing the...

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