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Matter of Oleksa v. Bd. of Educ., E. Rockaway

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1993
199 A.D.2d 270 (N.Y. App. Div. 1993)

Opinion

December 6, 1993

Appeal from the Supreme Court, Nassau County (Saladino, J.).


Ordered that the judgment is affirmed, with costs.

The petitioner contends that Education Law § 3031 includes administrators, such as herself, where it refers to "teachers", and, this being so, that the reasons given by respondent Parry for his negative recommendation regarding the petitioner's application for tenure were insufficient to comply with the statute. The Supreme Court held that Education Law § 3031 does not apply to administrators. We agree.

Education Law § 3031, which requires that reasons be given for a recommendation against tenure, expressly refers to teachers. The language of a statute is to be accorded "its natural and most obvious sense, without resorting to an artificial or forced construction" (McKinney's Cons Laws of NY, Book 1, Statutes § 94; see, Cooper-Snell Co. v State of New York, 230 N.Y. 249). If the Legislature had intended Education Law § 3031 to apply to administrators, it could have referred to administrators in the statute. The statute clearly applies only to teachers (see, Robinson v Bruni, 193 A.D.2d 1072; Matter of Charland, 32 Ed Dept Rep 291 [1992]). Accordingly, the proceeding was properly dismissed. Thompson, J.P., Bracken, Balletta and Santucci, JJ., concur.


Summaries of

Matter of Oleksa v. Bd. of Educ., E. Rockaway

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1993
199 A.D.2d 270 (N.Y. App. Div. 1993)
Case details for

Matter of Oleksa v. Bd. of Educ., E. Rockaway

Case Details

Full title:In the Matter of MARIE OLEKSA, Appellant, v. BOARD OF EDUCATION OF THE…

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

Date published: Dec 6, 1993

Citations

199 A.D.2d 270 (N.Y. App. Div. 1993)
604 N.Y.S.2d 227