Razzano v. Remsenburg-Speonk UFSD

• Decision Date: 30 May 2012
• Docket Number: Index No. 37607/10,2011-07586
• Parties: In the Matter of Janice Razzano, appellant, v. Remsenburg-Speonk UFSD, et al., respondents.
• Court: New York Supreme Court — Appellate Division

2012 NY Slip Op 04178

In the Matter of Janice Razzano, appellant,
v.
Remsenburg-Speonk UFSD, et al., respondents.

2011-07586
Index No. 37607/10

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

Decided on May 30, 2012

RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.

Wolin & Wolin, Jericho, N.Y. (Alan E. Wolin of counsel), for appellant.

Guercio & Guercio, LLP, Farmingdale, N.Y. (Lisa L. Hutchinson and Vanessa M. Sheehan of counsel), for respondents.

DECISION & ORDER

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Board of Education of Remsenburg-Speonk UFSD dated June 14, 2010, reclassifying the petitioner's full-time position of employment as a part-time position, and to compel the Board of Education of Remsenburg-Speonk UFSD to reinstate the petitioner to her former full-time position, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Jones, Jr., J.), entered March 31, 2011, which denied the petition on the ground that primary jurisdiction over the dispute lies with the Commissioner of the New York State Department of Education, and dismissed the proceeding.

ORDERED that the judgment is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings on the petition in accordance herewith.

In a resolution dated June 14, 2010, the Board of Education of Remsenburg-Speonk UFSD (hereinafter the Board) determined that the petitioner's full-time position as school psychologist within Remsenburg-Speonk UFSD (hereinafter the District), was to be reclassified as a part-time position, effective as of the commencement of the 2010-2011 school year. The petitioner alleged that the reclassification was undertaken in retaliation for various complaints she made regarding alleged hazardous health conditions in the school building in which she worked, and that the District, the Board, District Superintendent Katherine M. Salomone, and District Director of special education Janet A. Achilich (hereinafter collectively the respondents) were also improperly...