[Download] "Matter Isaac Axel Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Isaac Axel Et Al.
- Author : Supreme Court of New York
- Release Date : January 15, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
[56 A.D.2d 598 Page 598] In a proceeding pursuant to CPLR article 78 to review respondents' determination denying seniority credit for continuous substitute service rendered under per diem certificates prior to September 1, 1972, petitioners appeal from a judgment of the Supreme Court, Kings County, entered October 8, 1976, which dismissed the petition for failure to state a cause of action. Judgment reversed, on the law, without costs or disbursements, respondents' motion to dismiss denied, and proceeding remitted to Special Term for further proceedings in accordance herewith. The time within which respondents may serve their answer is extended until 20 days after entry of the order to be made hereon. Petitioners are all regularly appointed teachers who were laid off between January 1, 1976 and March 30, 1976. Prior to receiving their regular appointments, petitioners served on a regular continuous basis as [substitute] teachers under per diem certificates. By statute, the abolition of a teaching position compels the layoff of the teacher having the least seniority in the system within the tenure of the position abolished (Education Law, § 2585, subd 3). It is conceded that the date of commencement of a teacher's seniority is, for present purposes, either the date he or she began the probationary period or, if she [or he] had been employed by the board as a regular substitute prior to service as a probationary teacher, the date of the commencement of regular substitute service (Matter of Ducey, 65 St Dept Rep 65, 68). Section 484 of the board's own by-laws defines a regular substitute teacher as one who is assigned by the Superintendent of Schools at the beginning of the term, or within fifteen calendar days following the first day for the reporting of newly appointed teachers, to a position open for a full term. Petitioners contend that they fall within the purview of this definition and that, the motion to dismiss having been made before answer, such contention [56 A.D.2d 598 Page 599]