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You are here: Home1 / Education-School Law2 / TEACHER WITH TENURE WHO RESIGNED AND WAS THEN REHIRED WAS NOT REHIRED WITH...
Education-School Law

TEACHER WITH TENURE WHO RESIGNED AND WAS THEN REHIRED WAS NOT REHIRED WITH TENURE; THE TEACHER FAILED TO COMPLY WITH THE REGULATION REQUIRING A WRITTEN WITHDRAWAL OF THE RESIGNATION SUBJECT TO THE APPROVAL OF THE CHANCELLOR.

The Court of Appeals, in a full-fledged opinion by Judge DiFiore, determined the petitioner, a teacher with tenure who resigned and was then rehired, was not rehired with tenure. The NYC Board of Education Chancellor’s Regulations required, in order to be rehired with tenure, the teacher must submit a written request to withdraw the resignation which is subject to a medical examination and the approval of the Chancellor. Because the petitioner did not submit a written request to withdraw his resignation his rehiring was without tenure. Matter of Springer v Board of Educ. of the City Sch. Dist. of the City of N.Y., 2016 NY Slip Op 02553, CtApp 4-5-16

EDUCATION-SCHOOL LAW (TEACHER WITH TENURE WHO RESIGNED AND WAS THEN REHIRED WAS NOT REHIRED WITH TENURE; THE TEACHER FAILED TO COMPLY WITH THE REGULATION REQUIRING A WRITTEN WITHDRAWAL OF THE RESIGNATION SUBJECT TO THE APPROVAL OF THE CHANCELLOR)/TEACHERS (TEACHER WITH TENURE WHO RESIGNED AND WAS THEN REHIRED WAS NOT REHIRED WITH TENURE; THE TEACHER FAILED TO COMPLY WITH THE REGULATION REQUIRING A WRITTEN WITHDRAWAL OF THE RESIGNATION SUBJECT TO THE APPROVAL OF THE CHANCELLOR)/TENURE  (TEACHER WITH TENURE WHO RESIGNED AND WAS THEN REHIRED WAS NOT REHIRED WITH TENURE; THE TEACHER FAILED TO COMPLY WITH THE REGULATION REQUIRING A WRITTEN WITHDRAWAL OF THE RESIGNATION SUBJECT TO THE APPROVAL OF THE CHANCELLOR)

April 5, 2016
Tags: Court of Appeals
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FAMILY COURT PROPERLY IMPOSED THREE CONSECUTIVE SIX-MONTH JAIL TERMS UPON FATHER WHO WILFULLY FAILED TO PAY CHILD SUPPORT.
THE MAJORITY HELD THE APPELLATE DIVISION PROPERLY REFUSED TO HEAR APPELLANT FATHER’S APPEAL IN THIS TERMINATION OF PARENTAL RIGHTS PROCEEDING BECAUSE FATHER WAS IN DEFAULT (NO APPEAL LIES FROM A DEFAULT); THE DISSENT ARGUED FATHER WAS NOT IN DEFAULT BECAUSE HE APPEARED BY COUNSEL (CT APP).
THE INTERSATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC) APPLIES ONLY TO PLACEMENT IN FOSTER CARE OR PLACEMENT RELATED TO ADOPTION; THEREFORE THE ICPC DID NOT APPLY HERE WHERE FATHER, A NORTH CAROLINA RESIDENT, SOUGHT CUSTODY OF THE CHILD; NORTH CAROLINA, APPLYING THE ICPC, DID NOT APPROVE PLACEMENT WITH FATHER; THE APPELLATE DIVISION’S DENIAL OF FATHER’S CUSTODY PETITION ON THAT GROUND WAS REVERSED (CT APP).
THREE CASES IN WHICH THE APPELLATE DIVISIONS FOUND THE TERMINATION OF TEACHERS TOO SEVERE A PUNISHMENT REVERSED, APPELLATE DIVISIONS HAD EXCEEDED THEIR AUTHORITY TO REVIEW ADMINISTRATIVE PENALTIES (CT APP).
PLAINTIFFS SOUGHT TO FORECLOSE ON LOANS TO THE BORROWERS WHO THEN STARTED BANKRUPTCY PROCEEDINGS; PLAINTIFFS THEN SUED DEFENDANTS, WHO ARE NOT PARTIES TO THE FORECLOSURE/BANKRUPTCY ACTIONS, FOR TORTIOUS INTERFERENCE WITH THE LOAN AGREEMENTS; THE TORTIOUS INTERFERENCE WITH CONTRACT ACTIONS ARE NOT PREEMPTED BY FEDERAL BANKRUPTCY LAW (CT APP).
Judge’s Speaking to a Juror During Deliberations, With Defense Counsel’s Permission, Outside the Presence of the Defendant and Counsel, Was a Mode of Proceedings Error Requiring Reversal
Pre-Litigation Statements Made by an Attorney (Here In a Cease and Desist Letter) Are Protected by Qualified, Not Absolute, Privilege—Such Statements Are Privileged If Not Motivated by Malice and If Pertinent to Anticipated Litigation

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