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Appellate Division of the Supreme Court of New York, 2014

Matter of Springer v. Board of Educ. of the City Sch. Dist. of the City of N.Y.

Matter of Springer v. Board of Educ. of the City Sch. Dist. of the City of N.Y.
Appellate Division of the Supreme Court of New York · Decided October 9, 2014 · Tom, Friedman, Feinman, Gische, Kapnick
121 A.D.3d 473; 993 N.Y.S.2d 500
Matter of Springer v. Board of Educ. of the City Sch. Dist. of the City of N.Y.

Opinion

Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered April 9, 2013, denying the petition and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed.

There is no question that petitioner failed to comply with the New York City Department of Education Chancellor’s Regulation Nos. C-205 (28) and (29), which govern withdrawal of a *474 resignation and restoration to tenure. * Hence, when petitioner was rehired by a principal, his tenure was not ipso facto restored. We reject petitioner’s contention that his tenure was constructively restored by his rehiring. Accordingly, we affirm the order dismissing the petition.

Concur — Tom, J.E, Friedman, Feinman, Gische and Kapnick, JJ.
*

We note that neither side has explained why petitioner could not still be restored to tenure if he followed the procedures of the chancellor’s regulations.

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