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IN THE MATTER OF JILL REMUS v BOARD OF EDUCATION Click to find out why . . .



Keywords & Phrases
CaseNo: 112 ROBERT H. HERMANN, FOR APPELLANTS., CourtCode: AP, CourtName: NEW YORK COURT OF APPEALS, Plaintiff: IN THE MATTER OF JILL REMUS, State: NEW YORK, UniqueCaseRef: NE>AP>112ROBERTHHERMANNFORAPPELLANTS, Tenure, Probationary Period, Teachers, Education Law, Appointment, School, Remus, Resolution, Recommendation, District, Superintendent, Shaffer, Statute, Appellate, Expiration, Weinbrown, City School, Certification, Acceptance, Specify, Rescinding, Grant, Respondent, Matter, Power, Prior, Appeals, Pursuant , ContentID: 120248717

Case Documents
1   OPINION
[ see first page and extracted highlights below  ] ItemID: 120627
6 pages
TXT
Total Documents: 1 document , 6 pages
Price: $ 19.95


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1 . OPINION

EXTRACTED KEY WORDS
PROBATIONARY PERIOD
TEACHERS
EDUCATION LAW
APPOINTMENT
SCHOOL
REMUS
RESOLUTION
RECOMMENDATION
DISTRICT
SUPERINTENDENT
SHAFFER
STATUTE
COURT
APPELLATE
EXPIRATION
WEINBROWN
CITY SCHOOL
CERTIFICATION
DEFENDANTS
ACCEPTANCE
SPECIFY
RESCINDING
GRANT
RESPONDENT
MATTER
POWER
PRIOR
APPEALS
PURSUANT


   4 No. 79
   In the Matter of Jill Remus,
   Appellant,
   v.
   Board of Education for Tonawanda City School District,
   Respondent.
     _________________________________________________________________
     _________________________________________________________________

   USCOA,2 No. 112
   Sharon Shaffer,
   Respondent,
   v.
   Schenectady City School District, et al.,
   Appellants.
     _________________________________________________________________

   Case No. 79:
     _________________________________________________________________

   2001 NY Int. 60

   June 5, 2001

   This opinion is uncorrected and subject to revision before publication
   in the New York Reports.

   James D. Bilik, for appellant.
   Andrew J. Freedman, for respondent.
   Case No. 112: Robert H. Hermann, for appellants.
   L. John Van Norden, for respondent.
     _________________________________________________________________

   LEVINE, J.:

   These cases present the common threshold issue whether, under the
   provisions of Education Law § 2509,(1) a Board of Education
   resolution that grants tenure to a teacher effective on a specified
   future date immediately entitles that teacher to the benefits of
   tenure. We conclude that a teacher granted tenure effective on a
   future date is not entitled to the benefits of tenure until the
   effective date specified in the resolution.

Facts and Procedural History

   Matter of Remus
SNIPPETS:
  • In the Matter of Jill Remus, Appellant, v.
  • Board of Education for Tonawanda City School District, Respondent.
  • These cases present the common threshold issue whether, under the provisions of Education Law
  • Respondent Board of Education of the Tonawanda City School District appointed petitioner Jill
  • On June 4, 1998, upon the recommendation of the Superintendent of Schools, the Board
  • On August 31, 1998, the Superintendent of Schools offered Remus the opportunity to extend her
  • Later that day, after Remus declined the offer, the Board passed a resolution rescinding its
  • Remus then commenced this CPLR article 78 proceeding seeking to annul the Board's
  • Supreme Court dismissed the petition, holding that the June 4, 1998 resolution constituted a
  • No. 15, Town of Hempstead, the majority concluded that tenure could be conferred before the
  • Shaffer v Schenectady City School District
  • Shaffer then commenced this action in the United States District Court for the Northern
  • The District Court denied defendants' motion to dismiss the complaint pursuant to Rule 12of
  • the United States Court of Appeals for the Second Circuit concluded that an unsettled
  • At the expiration of the probationary term of any persons appointed for such term, or within
  • The petitioner in Remus and the plaintiff in Shaffer contend that they were appointed to
  • Relying on our decision in Weinbrown, however, the Appellate Division majority in Remus
  • In Weinbrown, we held that the Board had the power to appoint petitioner to tenure prior to
  • Weinbrown does not specify whether the Board in that case granted tenure to be effective on a
  • Following certification of questions by the United States Court of Appeals for the Second
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