Zarada v. Board of Ed. Central School Dist. No. 2 Syosset
| Decision Date | 26 June 1963 |
| Citation | 42 Misc.2d 509,248 N.Y.S.2d 619 |
| Parties | Application of Joan ZARADA, Petitioner, v. The BOARD OF EDUCATION, CENTRAL SCHOOL DISTRICT NO. 2 SYOSSET, New York, to compel the reinstatement as a teacher and payment of back salary, Respondent. |
| Court | New York Supreme Court |
Sidney Liss, Jamaica, for petitioner.
Toaz, Buck, Myers & Brower, Huntington, for respondent.
The petitioner applies for an order directing the respondent Board of Education to reinstate the petitioner as a teacher for the third grade and directing the Board to make the payments which would be due to her pursuant to the terms of her employment.
Her application is in the nature of a mandamus and in order to succeed she must show that the respondent has failed to perform a duty which it was required to do under law. The petitioner has failed to do so.
In June of 1962, the petitioner was engaged as a teacher of the third grade for the school year 1962/1963. In that capacity she was serving for a probationary period. On or about March 4, 1963, the petitioner was advised by a letter from the Acting Superintendent of Schools and her services would not be continued after June 30, 1963. On March 22nd of this year she tendered her resignation. On March 26, 1963, a teacher was engaged to fill the vacancy created by the petitioner's resignation and the parents of the children in her class were advised of that fact. On the evening of that date the Acting Superintendent of Schools, at a meeting of the Board sitting as a committee of the whole in consultation with its architect, advised the Board of the petitioner's resignation. The members of the Board indicated their acceptance of the resignation and approved of the Superintendent's act in engaging another teacher to replace the petitioner. On March 27th the petitioner attempted to withdraw her resignation and to report for work on the following day. By a letter from the Acting Superintendent of Schools dated March 29th, she was advised that her resignation had been accepted and her services terminated as of March 31st. On April 1st, 1963, at a regular meeting and on the recommendation of the Acting Superintendent, the Board took formal action on the resignation of the petitioner and her replacement by the teacher who had already been engaged.
The services of a person appointed for a probationary period may be discontinued at any time on the recommendation of the Superintendent of...
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