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MATTER OF FILES v. DEPARTMENT OF EDUC. OF THE CITY OF N.Y.

12883, 100397/11.

118 A.D.3d 624 (2014)

987 N.Y.S.2d 848

2014 NY Slip Op 4713

In the Matter of BARBARA DENISE FILES, Appellant, v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 24, 2014.

Petitioner failed to demonstrate that she acquired tenure by estoppel, since, as the record demonstrates, she did not perform the duties of a teacher beyond her probationary term (Matter of McManus v Board of Educ. of Hempstead Union Free School Dist., 87 N.Y.2d 183, 187 [1995]; Matter of Gould v Board of Educ. of Sewanhaka Cent. High School Dist., 81 N.Y.2d 446, 451 [1993]). On the contrary...

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