42 A.D.2d 702 | N.Y. App. Div. | 1973
In a proceeding pursuant to Article 78 of the CPLR (1) to annul a determination, dated July 21, 1971, made by respondent Chancellor, approving prior recommendations for discontinuance of petitioner’s services, and terminating her appointment as a probationary teacher of social studies in the day high schools, as of August 31, 1971; and (2) for related relief, petitioner appeals from a judgment of the Supreme Court, Kings County, dated March 8, 1973, which dismissed the petition. Judgment reversed, on the law, without costs, and matter remanded to respondents for proceedings consistent with the views set forth herein. Pursuant to section 105a of the by-laws of respondent Board of Education, respondents are directed to provide' for a review of the recommendations which had been made for the discontinuance of petitioner’s services. The review shall be conducted consistently with the following memorandum. The findings of fact made by Special Term have not been considered in this determination. Prior to 1968 petitioner was licensed as a substitute teacher by respondent Board of Education of the City of New York (the Board). In 1968 she obtained a license to teach as a three-year probationary regular teacher. She commenced her service as such probationary teacher in September, 1969, at the Central Commercial High School. On March 26, 1971, Simpson Sasserath, the principal of that school, recommended that petitioner’s services as a probationary teacher be discontinued because her services allegedly were unsatisfactory. On April 16, 1971 that recommendation was approved by James Boffman, Assistant Superintendent for City District Personnel. Petitioner appealed from that recommendation. On May 20, 1971, petitioner was given notice to attend a meeting to be held on June 14, 1971, at which time the recommendation for discontinuance of her services as a probationary teacher would be reviewed by the Chancellor’s Committee. That notice, allegedly mailed to her in compliance with the requirements of section 105a of the Board’s By-laws failed to comply with that By-law because it did not advise petitioner that she had the right, at that review “ to be confronted by witnesses, to call witnesses and to introduce any relevant evidence.” The board’s riiles contained in its by-laws are binding on it (Education Law, § 2554, subd. 13, par. a; 1 N, Y. Jur., Administrative Law, § 110; also cf. People ex rel. Jordan V. Martin, 152 N. Y. 311; Matter of Pass v. Kern, 263 App. Div. 320). Moreover, the collective bargaining agreement between the Board and the United Federation of Teachers in effect for the period from September 8, 1969, to
. That agreement is a matter of public record on file with the Board and generally has been referred to as binding on the parties in the record herein, and the above provision thereof is not questioned.