14 Cited authorities

  1. Rocovich v. Consol Edison Co.

    78 N.Y.2d 509 (N.Y. 1991)   Cited 1,482 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"
  2. O'Connor v. Pierson

    426 F.3d 187 (2d Cir. 2005)   Cited 300 times
    Holding that "[b]ecause claim preclusion is an affirmative defense, the [defendant] was obligated to raise it in the district court"
  3. Watergate v. Buffalo Sewer

    46 N.Y.2d 52 (N.Y. 1978)   Cited 624 times
    Recognizing that "[w]here only an approximation of cost or value is possible, discrepancies may have to be endured in the name of administrative flexibility so long as there exists some rational underpinning on the charges levied"
  4. Matter Gould v. Board of Educ

    81 N.Y.2d 446 (N.Y. 1993)   Cited 176 times
    Finding tenure by estoppel based on "petitioner's continuing service as a teacher in the District's employ"
  5. Kahn v. New York City Dep't of Educ.

    2012 N.Y. Slip Op. 1098 (N.Y. 2012)   Cited 57 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
  6. 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."
  7. Lyles v. N.Y.C. Health & Hosps. Corp.

    121 A.D.3d 648 (N.Y. App. Div. 2014)   Cited 11 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

  8. Ricca v. Board of Educ

    391 N.E.2d 1322 (N.Y. 1979)   Cited 58 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"
  9. Matter of Frick v. Bahou

    56 N.Y.2d 777 (N.Y. 1982)   Cited 51 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

  10. 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."