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Ciccarelli v. Bd. of Educ. of the W. Seneca

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1985
107 A.D.2d 1050 (N.Y. App. Div. 1985)

Opinion

January 29, 1985

Appeal from the Supreme Court, Erie County, Kramer, J.

Present — Callahan, J.P., Denman, Boomer, O'Donnell and Schnepp, JJ.


Judgment unanimously reversed, on the law, with costs, and petition granted in accordance with the following memorandum: Special Term erred in dismissing petitioner's CPLR article 78 petition. The record is devoid of evidence that petitioner "abandoned" her tenured teaching position. "[T]he burden of proving abandonment is upon the school district and must be established by clear and convincing evidence that the petitioner, by a voluntary and deliberate act, intended to relinquish her teaching position and forfeit her tenure rights (see Matter of Boyd v. Collins, 11 N.Y.2d 228; People ex rel. Patterson v. Board of Educ., 295 N.Y. 313; Matter of Johnson, 3 Ed Dept Rep 186; Matter of Schiliro, 13 Ed Dept Rep 163; Matter of Widrick, 16 Ed Dept Rep 248)" ( Matter of Rowland v. Oswego City School Dist., 97 Misc.2d 42, 45). Petitioner's employment may be terminated only in accordance with the procedures under section 3020-a Educ. of the Education Law. Thus the resolution of the Board is annulled and petitioner reinstated with back pay and benefits from December 20, 1982.


Summaries of

Ciccarelli v. Bd. of Educ. of the W. Seneca

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 29, 1985
107 A.D.2d 1050 (N.Y. App. Div. 1985)
Case details for

Ciccarelli v. Bd. of Educ. of the W. Seneca

Case Details

Full title:REBECCA CICCARELLI, Appellant, v. BOARD OF EDUCATION OF THE WEST SENECA…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 29, 1985

Citations

107 A.D.2d 1050 (N.Y. App. Div. 1985)

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