Taylor v. Berberian
Cases that cite this one
5 later published cases cite this decision.
- Dorothy Joseph v. New York City Board of Education (2d Cir. 1999)
- Petrella v. Siegel (Appellate Division of the Supreme Court of New York 1988)
- Roberts v. Community School Board of Community District No. 6 (N.Y. 1985)
- Roberts v. Community School Board of District No. 6 (Appellate Division of the Supreme Court of New York 1985)
- Elentuck v. Board of Education of the City School District (Appellate Division of the Supreme Court of New York 1984)
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 of the Court
Memorandum.
The order of the Appellate Division 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 NY2d 488; 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.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.
Order affirmed, with costs, in a memorandum. Question certified answered in the affirmative.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.