Opinion
10-09-2014
In re Grant SPRINGER, Petitioner–Appellant, v. BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF NEW YORK, et al., Respondents–Respondents.
Richard E. Casagrande, New York (Maria Elena Gonzalez of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Devin Slack of counsel), for respondents.
Richard E. Casagrande, New York (Maria Elena Gonzalez of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Devin Slack of counsel), for respondents.
Opinion Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered April 9, 2013, denying the petition and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed.
There is no question that petitioner failed to comply with the chancellor's regulations C–205(28) and C–205(29), which govern withdrawal of a resignation and restoration to tenure. Hence, when petitioner was rehired by a principal, his tenure was not ipso facto restored. We reject petitioner's contention that his tenure was constructively restored by his rehiring.
We note that neither side has explained why petitioner could not still be restored to tenure if he followed the procedures of the chancellor's regulations.
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Accordingly, we affirm the order dismissing the petition.
TOM, J.P., FRIEDMAN, FEINMAN, GISCHE, KAPNICK, JJ., concur.