Taylor v. Berberian
| Decision Date | 13 December 1983 |
| Citation | 471 N.Y.S.2d 843,459 N.E.2d 1280,61 N.Y.2d 613 |
| Parties | , 459 N.E.2d 1280, 16 Ed. Law Rep. 234 In the Matter of Rebecca TAYLOR et al., Appellants, v. Jack BERBERIAN, Individually and as Superintendent of Community School Board District 3, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Eugene G. Eisner and Fanette Pollack, New York City, for appellants.
Frederick A.O. Schwarz, Jr., Corporation Counsel, New York City (Edward F.X. Hart and Leonard Koerner, Asst. Corporation Counsels, New York City, of counsel), for respondents.
The order of the Appellate Division, 96 A.D.2d 797, 466 N.Y.S.2d 336, should be affirmed, with costs.
In cities having a population of 400,000 or more, the discretion to grant tenure to a principal upon completion of his or her probationary period lies exclusively in the superintendent of schools (see Matter of Caraballo v. Community School Bd. Dist. 3, 49 N.Y.2d 488, 426 N.Y.S.2d 974, 403 N.E.2d 958; Education Law, § 2573, subd. 6). And, although the school board retains ultimate discretion over the termination of a principal during the probationary period (see Education Law, § 2573, subd. 1, par. [b] ), that discretion may not be fairly read to extend beyond the end of the probationary period. To hold otherwise would constitute an arrogation of the superintendent's discretion over tenure decisions by the school board. Consequently, upon respondent's determination not to recommend petitioner for tenure and to terminate her services after completion of the probationary period, petitioner may not be deemed to have acquired tenure by the school board's inaction.
Order affirmed, with costs, in a memorandum. Question certified answered in the affirmative.
To continue reading
Request your trial
-
Joseph v. New York City Bd. of Educ.
...principal upon completion of the probationary period lies exclusively with the district superintendents. Matter of Taylor v. Berberian, 61 N.Y.2d 613, 471 N.Y.S.2d 843, 459 N.E.2d 1280 Additionally, Joseph has submitted a portion of the Board of Education Pedagogical Review Manual, publishe......
-
Roberts v. Community School Bd. of Community Dist. No. 6
...the JHS principal's exam. See for fact pattern only, Taylor v. Berberian, 96 A.D.2d 797, 466 N.Y.S.2d 336, aff'd, 61 N.Y.2d 613, 471 N.Y.S.2d 843, 459 N.E.2d 1280 (1983). This would clearly supply both the "time and the experience" petitioner is supposed to lack. Petitioner's one and one-ha......
-
Roberts v. Community School Bd. of Community Dist. No. 6
...§ 240), as, indeed, the New York City Board of Education recognized in its Special Circular No. 64. 2 Matter of Taylor v. Berberian, 61 N.Y.2d 613, 471 N.Y.S.2d 843, 459 N.E.2d 1280, affg. 96 A.D.2d 797, 466 N.Y.S.2d 336, relied upon by petitioner, is not to the contrary. Although the Appel......
-
Petrella v. Siegel
...board and without the board's approval (see, Education Law § 2573[1], [6]; § 2590-j[7][b], [d]; [8]; Matter of Taylor v. Berberian, 61 N.Y.2d 613, 471 N.Y.S.2d 843, 459 N.E.2d 1280). Thus, the Community Superintendent is a public officer ( see, Matter of O'Day v. Yeager, 308 N.Y. 580, 127 N......