80 A.D.2d 692 | N.Y. App. Div. | 1981
Appeal from a judgment of the Supreme Court at Special Term, entered August 28, 1979 in Albany County, which dismissed the complaint as amended, the counterclaim, the third-party complaint and the cross claim. The plaintiff, a former member of the faculty of the State University of New York at Albany (SUNYA), was denied tenure in December of 1974 by a vote of four to one at the initial departmental tenure review. This denial was affirmed at three subsequent levels of the tenure review process; the last of which was the denial by the President of SU-NYA. As a result, plaintiff commenced article 78 proceedings in October, 1975 and March, 1976, challenging the determinations denying her tenure as arbitrary and capricious. These petitions were dismissed on October 7, 1980 by Special Term. Plaintiff also commenced an action against Joseph Strelka, another professor of SUNYA, which was also dismissed by Special Term on January 10, 1979 and her appeal from this dismissal was not perfected. In January, 1976, plaintiff instituted a proceeding with the New York State Division of Human Rights alleging sex discrimination in her tenure denial. The division found a violation of article 15 of the Executive Law and the appeal by SUNYA from this determination is pending in this court. Plaintiff commenced the instant action against defendant Szoverffy,
In November, 1975, after the plaintiff’s sole supporter had become chairman of the department, she was granted a second tenure review and was again denied tenure.