MATTER OF MITCHELL v. Bd. of Educ. of the Great Neck Pub. Sch.
Cases that cite this one
17 later published cases cite this decision.
- Elmendorf v. Howell (District Court, N.D. New York 1997)
- Winslow v. Pulaski Academy and Central School District (District Court, N.D. New York 2020)
- DeSimone v. Board of Education (District Court, E.D. New York 1985)
- Giglio v. Dunn (2d Cir. 1984)
- Giglio v. Dunn (2d Cir. 1984)
- Zubal v. Ambach (Appellate Division of the Supreme Court of New York 1984)
- Cole v. Board of Education (Appellate Division of the Supreme Court of New York 1982)
- Schulz v. Commack Union Free School District (District Court, E.D. New York 2023)
- Mahony v. Board of Education of Mahopac Central School District (Appellate Division of the Supreme Court of New York 1988)
- Board of Education of Portville Central School v. Portville Faculty Ass'n (Appellate Division of the Supreme Court of New York 1983)
- Lynch v. Board of Education (Appellate Division of the Supreme Court of New York 1981)
- Waiters v. BD. OF EDUC., AMITYVILLE UNION FREE SCH. DIST. (N.Y. 1979)
- Waiters v. Board of Education (N.Y. 1979)
- Board of Education v. Ambach (Appellate Division of the Supreme Court of New York 1979)
- Kaplan v. Board of Education (Appellate Division of the Supreme Court of New York 1977)
- Robinson v. Roosevelt Union Free School District (Appellate Division of the Supreme Court of New York 1977)
- Hannan v. Board of Education (Appellate Division of the Supreme Court of New York 1976)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Memorandum. The order of the Appellate Division is reversed and the determination of the Board of Education reinstated. Whether petitioner had tenure as a driver education teacher or not, he was, on this record, the least senior teacher of that subject in the respondent school district. His position having been abolished, his rights upon termination were those determined by subdivisions 2 and 3 of section 2510 of the Education Law and not by the provisions of sections , 3012 and 3020-a of the Education Law. We note particularly that, when a teacher’s services are terminated pursuant to subdivision 2 of section 2510, there is no requirement that a hearing be held.
The respondent school district has published and maintained its own "Senior High Tenure Area List” since 1946. Driver education has appeared on that list as a special tenure area at least since its amendment in 1961, three years prior to petitioner’s first employment in the district as a Latin teacher and almost eight years prior to his decision to become a teacher of driver education. Interestingly, the school district’s designation of driver education as a special tenure area is not unique. The Board of Regents and the Commissioner of Education officially recognized it as such in 1975 (8 NYCRR 30.8 [a] [3]).
As in Steele v Board of Educ. (40 NY2d 456, 463) petitioner was "sufficiently alerted to the fact” that, in leaving the Latin department and taking on the duties of teacher of driver education, he was "entering an entirely independent tenure area”, in which his previous experience "would not be relevant in determining seniority”.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order reversed, without costs, and determination of the Board of Education reinstated in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.