74 A.D.2d 870 | N.Y. App. Div. | 1980
In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondents to reinstate petitioner as a teacher of common branches, the petitioner appeals from a judgment of the Supreme Court, Kings County, entered June 5, 1979, which dismissed the petition. Judgment reversed, without costs or disbursements, and the matter is remanded to Community School Board No. 30 for the purpose of submitting the question of petitioner’s retention or discharge to a formal vote and for the execution of a resolution reflecting its action thereon. The petitioner was a probationary teacher of common branches whose services were terminated by her local community school board as of January 31, 1973. That action of the community board resulted in an article 78 proceeding being commenced which eventually reached this court (Matter of Ambrose v Community School Bd. No. 30, 48 AD2d 654, hereinafter Ambrose I). We reversed the judgment dismissing the petition and remanded the matter to the Chancellor of the Board of Education of the City of New York for a new hearing, pursuant to the provisions of section 105a (now section 5.3, subds 4B, C) of the board’s by-laws, because certain of her procedural rights provided for in former section 105a had been violated. Many of the issues raised on this appeal were raised, or could have been raised in the petitioner’s first proceeding. Ambrose I finally determined all of these matters and in the interest of preserving the finality of our previous determinations, we cannot permit the petitioner to raise these questions anew (see, generally, Schuylkill Fuel Corp. v Nieberg Realty Corp., 250 NY 304). However, res judicata does not prevent this court from considering the material events which took place after Ambrose I was decided. We have considered the petitioner’s arguments concerning those events and find them to be generally without merit. The petitioner was given a new hearing and, as a result, the Chancellor informed the petitioner that "I do not concur with the