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In the Matter of Kevin Gee v. Board of Education of Rochester City School District

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


October 5, 2012

IN THE MATTER OF KEVIN GEE,
PETITIONER-APPELLANT,
v.
BOARD OF EDUCATION OF ROCHESTER CITY SCHOOL DISTRICT, JEAN-CLAUDE BRIZARD,
SUPERINTENDENT, ROCHESTER CITY SCHOOL DISTRICT, ROCHESTER CITY SCHOOL DISTRICT
AND DAWN JEFFORDS, RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 19, 2011 in a proceeding pursuant to CPLR article 78.

Matter of Matter of Gee v Board of Educ. of Rochester City Sch. Dist.

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

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

Decided on October 5, 2012

PRESENT: SCUDDER, P.J., SMITH, FAHEY, LINDLEY, AND MARTOCHE, JJ.

The judgment denied the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: We conclude that, by accepting employment as a school instructor and entering into a collective bargaining agreement as a result of his membership in the union representing him, petitioner waived any right to be credited for seniority in the tenure area of teacher (see Matter of Dietz v Board of Educ. of Rochester City School Dist., ___ AD3d ___ [Sept. 28, 2012]; Matter of Wiener v Board of Educ. of E. Ramapo Cent. School Dist., 90 AD2d 832, 833, appeal dismissed 58 NY2d 1115).

Entered: October 5, 2012

Frances E. Cafarell Clerk of the Court

20121005

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