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In the Matter of Elizabeth McGovern, Appellant,v.Mount Pleasant Central School District, Respondent.

Brief

47 Cited authorities

  1. Parochial v. Board of Educ

    60 N.Y.2d 539 (N.Y. 1983)   Cited 824 times
    Holding that § 3813's notice of claim requirement "is not satisfied by presentment to any other individual or body"

  2. Jamindar v. Uniondale Union Free Sch. Dist.

    90 A.D.3d 612 (N.Y. App. Div. 2011)   Cited 98 times

    2011-12-6 Jigar JAMINDAR, appellant-respondent, v. UNIONDALE UNION FREE SCHOOL DISTRICT, et al., defendants third-party plaintiffs-respondents-appellants,Irwin Contracting, Inc., et al., defendants-respondents-appellants;Herrick's Mechanical Corporation, third-party defendant-respondent-appellant. Kramer & Pollack, LLP, Mineola, N.Y. (Larry Kramer of counsel), for appellant-respondent. Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, N.Y. (Kathleen A. Foley of counsel)

  3. Mills v. County of Monroe

    59 N.Y.2d 307 (N.Y. 1983)   Cited 180 times
    Holding that "actions that are brought to protect an important right, which seek relief for a similarly situated class of the public, and whose resolution would directly affect the rights of that class or group are deserving" of waiving notice

  4. 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

  5. First Int. Bank v. Blankstein

    59 N.Y.2d 436 (N.Y. 1983)   Cited 121 times
    Holding "bank did not act in a commercially unreasonable manner when it proceeded against the notes rather than selling the diamonds it also held as collateral"

  6. Union Sch. Dist v. Human Appeal Bd.

    35 N.Y.2d 371 (N.Y. 1974)   Cited 153 times
    Holding that actions or proceedings which seek only enforcement of private rights and duties are subject to the notice-of-claim provisions against school district while such provisions are not applicable to actions seeking to vindicate a public interest

  7. McManus v. Board of Educ

    87 N.Y.2d 183 (N.Y. 1995)   Cited 52 times
    In McManus, while not disturbing its prior holding in Roberts that "Jarema" credit did not apply to administrative or supervisory personnel, the New York Court of Appeals distinguished between cases where an administrator filled a vacant position, and cases where the administrator merely acted as a substitute, by "taking over a position on behalf of another who is either temporarily unable to perform the duties on a short-term basis because of sickness, leave of absence or similar reasons."

  8. Cayuga-Onondaga Bd. v. Sweeney

    89 N.Y.2d 395 (N.Y. 1996)   Cited 39 times
    Discussing briefly the legislative history of § 220 and the prevailing wage constitutional amendment

  9. Opalinski v. City of N.Y.

    110 A.D.3d 694 (N.Y. App. Div. 2013)   Cited 13 times   1 Legal Analyses

    2013-10-2 Witold OPALINSKI, appellant, v. CITY OF NEW YORK, et al., respondents. Lipsig Shapey Manus & Moverman, P.C. (Pollack, Pollack, Isaac & De Cicco, New York, N.Y. [Brian J. Isaac and Kenneth J. Gorman], of counsel), for appellant. Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, N.Y. (Debra A. Adler and Mathew P. Ross of counsel), for respondents. WILLIAM F. MASTRO Lipsig Shapey Manus & Moverman, P.C. (Pollack, Pollack, Isaac & De Cicco, New York, N.Y. [Brian J. Isaac and Kenneth J

  10. Speis v. Penfield Cent. Sch.

    114 A.D.3d 1181 (N.Y. App. Div. 2014)   Cited 9 times

    2014-02-7 In the Matter of Laura SPEIS, Petitioner–Appellant–Respondent, v. PENFIELD CENTRAL SCHOOLS, Respondent–Respondent–Appellant. Chamberlain D'Amanda Oppenheimer & Greenfield LLP, Rochester (Michael T. Harren of Counsel), for Petitioner–Appellant–Respondent. Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse (Charles E. Symons of Counsel), for Respondent–Respondent–Appellant. Chamberlain D'Amanda Oppenheimer & Greenfield LLP, Rochester (Michael T. Harren of Counsel), for Pet

  11. Section 50-E - Notice of claim

    N.Y. Gen. Mun. Law § 50-E   Cited 4,861 times   2 Legal Analyses
    Providing that an application for leave to serve a late notice of claim shall be made to “the supreme court or to the county court”

  12. Section 3813 - Presentation of claims against the governing body of any school district or certain state supported schools

    N.Y. Educ. Law § 3813   Cited 998 times
    Requiring service of a notice of claim on the "governing body of district or school" subject to the action

  13. Section 7806 - Judgment

    N.Y. CPLR 7806   Cited 447 times

    The judgment may grant the petitioner the relief to which he is entitled, or may dismiss the proceeding either on the merits or with leave to renew. If the proceeding was brought to review a determination, the judgment may annul or confirm the determination in whole or in part, or modify it, and may direct or prohibit specified action by the respondent. Any restitution or damages granted to the petitioner must be incidental to the primary relief sought by the petitioner, and must be such as he might

  14. Section 3012 - Tenure: certain school districts

    N.Y. Educ. Law § 3012   Cited 113 times
    Explaining that tenured public school teachers are removable for cause, which includes inter alia “conduct unbecoming a teacher ... inefficiency, incompetency, physical or mental disability, or neglect of duty”

  15. Section 2573 - Appointment of assistant, district or other superintendents, teachers and other employees; their salaries, et cetera

    N.Y. Educ. Law § 2573   Cited 101 times
    Stating that probationary janitors and custodians may be terminated summarily by the board of education at any time, but that "[s]uch persons who have served the full probationary period shall hold their respective positions during good behavior and efficient and competent service, and shall not be removed except for cause after a hearing by the affirmative vote of a majority of the board."

  16. Section 2509 - Appointment of assistant and other superintendents, teachers and other employees

    N.Y. Educ. Law § 2509   Cited 57 times

    1. (a) i. Teachers and all other members of the teaching staff appointed prior to July first, two thousand fifteen and authorized by section twenty-five hundred three of this article, shall be appointed by the board of education, upon the recommendation of the superintendent of schools, for a probationary period of three years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of two years or as a seasonally licensed per session teacher

  17. Section 3012-C - Annual professional performance review of classroom teachers and building principals

    N.Y. Educ. Law § 3012-C   Cited 43 times

    1. Notwithstanding any other provision of law, rule or regulation to the contrary, the annual professional performance reviews of all classroom teachers and building principals employed by school districts or boards of cooperative educational services shall be conducted in accordance with the provisions of this section. Such performance reviews which are conducted on or after July first, two thousand eleven, or on or after the date specified in paragraph c of subdivision two of this section where

  18. Section 3014 - Tenure: boards of cooperative educational services

    N.Y. Educ. Law § 3014   Cited 19 times

    1. (a) Administrative assistants, supervisors, teachers and all other members of the teaching and supervising staff of the board of cooperative educational services appointed prior to July first, two thousand fifteen, shall be appointed by a majority vote of the board of cooperative educational services upon the recommendation of the district superintendent of schools for a probationary period of not to exceed three years; provided, however, that in the case of a teacher who has been appointed on

  19. Section 100.2 - General school requirements

    N.Y. Comp. Codes R. & Regs. tit. 8 § 100.2   Cited 36 times
    Permitting a school's code of conduct to set “a minimum suspension period, for any student who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom, provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other State and Federal Law”