HOLT v. BD. OF EDUC.


52 N.Y.2d 625 (1981)

Jon Holt, Appellant, v. Board of Education of the Webutuck Central School District et al, Respondents. In the Matter of Wayne Doyle, Respondent, v. Board of Education of the Ten Broeck Academy et al., Appellants.

Court of Appeals of the State of New York.

Decided May 7, 1981.


Attorney(s) appearing for the Case

Gerard John De Wolf and Bernard F. Ashe for appellant in the first above-entitled proceeding.

Raymond G. Kuntz for respondents in the first above-entitled proceeding.

Donald J. Swanz for appellants in the second above-entitled proceeding.

Emanuel Tabachnick, Bernard F. Ashe and Rocco A. Solimando for respondent in the second above-entitled proceeding.

Henry F. Sobota for New York State School Boards Association amicus curiae.

Roy Moskowitz for Frank J. Macchiarola, Chancellor of the City School District of the City of New York, amicus curiae.

Judges GABRIELLI, JONES and MEYER concur with Judge JASEN; Judge WACHTLER concurs in a separate opinion in which Judge FUCHSBERG concurs; Chief Judge COOKE dissents and votes to affirm in another opinion.


JASEN, J.

The issue on this appeal is whether a written communication from a school administrator to a tenured teacher which criticizes the latter's performance or conduct may be made a part of the teacher's permanent personnel file without affording him an opportunity for a hearing pursuant to section 3020-a of the Education Law.

Two of the proceedings before us involve Jon Holt, a tenured teacher in...

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