14 Cited authorities

Rocovich v. Consol Edison Co.
78 N.Y.2d 509 (N.Y. 1991) Cited 1,701 times
Holding that "[i]t is an accepted rule that all parts of a statute are intended to be given effect and that a statutory construction which renders one part meaningless should be avoided"
O'Connor v. Pierson
426 F.3d 187 (2d Cir. 2005) Cited 360 times
Holding that "[b]ecause claim preclusion is an affirmative defense, the [defendant] was obligated to raise it in the district court"
Watergate v. Buffalo Sewer
46 N.Y.2d 52 (N.Y. 1978) Cited 671 times
Holding that "one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law"
Matter Gould v. Board of Educ
81 N.Y.2d 446 (N.Y. 1993) Cited 190 times
Finding tenure by estoppel based on "petitioner's continuing service as a teacher in the District's employ"
Kahn v. New York City Dep't of Educ.
2012 N.Y. Slip Op. 1098 (N.Y. 2012) Cited 68 times
Affirming Appellate Division ruling that probationary teacher did not have a valid claim under Section 1983 because she did not have a property interest in her position
Coleman v. Coleman
79 A.D.3d 554 (N.Y. App. Div. 2010) Cited 30 times
In Coleman, the Court of Appeals affirmed the lower court's decision not to dismiss based on failure to exhaust because "[a]ccepting as true the assertion that respondents maintain policies and procedures as alleged, Coleman's pursuit of the claims through the administrative process would have been futile."
Ricca v. Board of Educ
47 N.Y.2d 385 (N.Y. 1979) Cited 62 times
Finding that petitioner's teaching service prior to formal appointment counted toward probationary service because "petitioner was indeed serving as a full-time teacher of woodworking"
Lyles v. N.Y.C. Health & Hosps. Corp.
121 A.D.3d 648 (N.Y. App. Div. 2014) Cited 12 times
10-01-2014 Qadr LYLES, etc., appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, respondent. Sheldon E. Green, P.C. (Alexander J. Wulwick, New York, N.Y., of counsel), for appellant. Dopf, P.C., New York, N.Y. (Martin B. Adams of counsel), for respondent. Sheldon E. Green, P.C. (Alexander J. Wulwick, New York, N.Y., of counsel), for appellant. Dopf, P.C., New York, N.Y. (Martin B. Adams of counsel), for respondent. PETER B. SKELOS, J.P., JOHN M. LEVENTHAL, SYLVIA O. HINDS–RADIX, COLLEEN
Matter of Frick v. Bahou
56 N.Y.2d 777 (N.Y. 1982) Cited 52 times
Decided May 18, 1982 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LAWRENCE E. KAHN, J. Ralph W. Fusco for appellant. Robert Abrams, Attorney-General ( John Q. Driscoll of counsel), for respondents. On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order reversed, without costs, and judgment of Special Term reinstated. Respondents' grading of the examination was in contravention of the respondent
Matter of Lehman v. Board of Education
82 A.D.2d 832 (N.Y. App. Div. 1981) Cited 48 times
In Lehman, a New York appellate court relied on Baronat to hold that "A board of education may not terminate a teaching license without first holding a hearing at which proper procedural safeguards are employed."

In the Matter of Grant Springer, Appellant,v.Board of Education of the City School District of the City of New York, et al., Respondents.

14 Cited authorities

Holding that "[i]t is an accepted rule that all parts of a statute are intended to be given effect and that a statutory construction which renders one part meaningless should be avoided"

Holding that "[b]ecause claim preclusion is an affirmative defense, the [defendant] was obligated to raise it in the district court"

Holding that "one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law"

Finding tenure by estoppel based on "petitioner's continuing service as a teacher in the District's employ"

Affirming Appellate Division ruling that probationary teacher did not have a valid claim under Section 1983 because she did not have a property interest in her position

Finding that petitioner's teaching service prior to formal appointment counted toward probationary service because "petitioner was indeed serving as a full-time teacher of woodworking"

In Lehman, a New York appellate court relied on Baronat to hold that "A board of education may not terminate a teaching license without first holding a hearing at which proper procedural safeguards are employed."