Candrea v. Board of Education of Yonkers City School District
Opinion of the Court
—In a proceeding pursuant to CPLR article 78 to review a determination of the Deputy Superintendent of
Ordered that the appeal from the judgment entered January 16, 1996, is dismissed, as that judgment was superseded by the order entered June 13, 1996, made upon reargument; and is further,
Ordered that the order entered June 13, 1996, is affirmed insofar as reviewed; and it is further,
Ordered that the petitioner is awarded one bill of costs.
The petitioner was hired as a part-time teacher by the Yonkers City School District (hereinafter the School District) in 1975, but did not join the New York State Teachers’ Retirement System (hereinafter the Retirement System) until he became a full-time employee in 1977. Pursuant to Retirement and Social Security Law § 803 (b), he sought to obtain retroactive membership in the Retirement System, claiming that the School District had not advised him of his option to join. The appellants found that the petitioner was not eligible for retroactive membership because when he was hired he had participated in "a procedure that a reasonable person would recognize as an explanation or request requiring a formal decision * * * to join the retirement system” (Retirement and Social Security Law § 803 [b] [3] [iii]). The petitioner then commenced this CPLR article 78 proceeding. The Supreme Court granted the petition and vacated the appellants’ determination, finding it to be arbitrary and capricious.
The appellants’ determination was purportedly based on the existence of a standard practice in the School District during the relevant time period of advising newly-hired teachers of their right to join the Retirement System. The Supreme Court concluded that the appellants’ determination was arbitrary and capricious because there was no direct evidence that the petitioner had actually participated in this procedure.
While the court erred in imposing a burden on the appellants to produce direct evidence of the petitioner’s actual participation (see, Retirement and Social Security Law § 803
Case-law data current through December 31, 2025. Source: CourtListener bulk data.