Hyperlawhypertext legal databasebeta Buenzow v. Lewiston-Porter Central School District 64 N.Y.2d 676

← Cases

Buenzow v. Lewiston-Porter Central School District

64 N.Y.2d 676 Court N.Y. Decision date 1984-12-11 English

Contents

Majority

p. 676
In the Matter of Marsha A. Buenzow et al., Appellants, v Lewiston-Porter Central School District et al., Respondents.
Argued November 15, 1984;
decided December 11, 1984
p. 678
APPEARANCES OF COUNSEL
Frank T. Ralabate for appellants.
Daniel R. Mooney for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice Stewart F. Hancock, Jr. We add only that a literal application of section 3014-b of the Education Law — advocated by neither party to this appeal — could have anomalous and, we believe, unintended consequences, for example, the automatic transfer of senior BOCES teachers, against their wish, to school districts where no positions are available, even where their BOCES positions remain available. Clarification by the Legislature could help avoid such consequences (see, e.g., Matter of Acinapuro v Board of Coop. Educational Servs., 89 AD2d 329 , 339).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order affirmed, with costs, in a memorandum.

Cases cited