GEE, KEVIN v. BD OF EDUCATION OF ROCH CITY SCHOOL

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1062 CA 12-00314 PRESENT: SCUDDER, P.J., SMITH, FAHEY, LINDLEY, AND MARTOCHE, JJ.

IN THE MATTER OF KEVIN GEE, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER BOARD OF EDUCATION OF ROCHESTER CITY SCHOOL DISTRICT, JEAN-CLAUDE BRIZARD, SUPERINTENDENT, ROCHESTER CITY SCHOOL DISTRICT, ROCHESTER CITY SCHOOL DISTRICT AND DAWN JEFFORDS, RESPONDENTS-RESPONDENTS.

RICHARD E. CASAGRANDE, LATHAM (JAMES D. BILIK OF COUNSEL), FOR PETITIONER-APPELLANT.

CHARLES G. JOHNSON, ROCHESTER (MICHAEL E. DAVIS OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 19, 2011 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: We conclude that, by accepting employment as a school instructor and entering into a collective bargaining agreement as a result of his membership in the union representing him, petitioner waived any right to be credited for seniority in the tenure area of teacher (see Matter of Dietz v Board of Educ. of Rochester City School Dist., ___ AD3d ___ [Sept. 28, 2012]; Matter of Wiener v Board of Educ. of E. Ramapo Cent. School Dist., 90 AD2d 832, 833, appeal dismissed 58 NY2d 1115).

Entered: October 5, 2012 Frances E. Cafarell Clerk of the Court