2/25/2021
Dismissal of Whistle Blowing Claim
Glenn Watro v Nassau Board of Cooperative Educational Services

The Appellate Division, Second Department upheld a decision granting summary judgment to the Nassau Board of Cooperative Educational Services (BOCES). The Second Department affirmed the Supreme Court, Nassau County’s ruling dismissing the action to recover damages for retaliation pursuant to Civil Service Law Sec. 75-b, also known as the “whistle-blowing statute.”

Plaintiff was an auto parts storekeeper in the transportation department of BOCES. During his seven-year tenure in that position he cited improprieties to human recourses,and claimed he began to be harassed by other employees because of it, but nothing was done. His phone and computer were taken away and his hours were cut in half. His position was terminated soon after.

He brought this action alleging violation of the whistle-blowing statute stating his termination was retaliation for bringing complaints to human resources. Claims under this statute must commence within one year after the event. Plaintiff’s claim of retaliation took place beyond the time period. He could not establish a viable claim under this statute. WE established entitlement to summary judgment by showing plaintiff was terminated for budgetary reasons. The Second Department then affirmed the dismissal order.

4/08/2021
Dismissal of Violation of Education Law and Fourteenth Amendment Claims
Stiefel v. Board of Education of Tuckahoe et al.

Petitioner was a school administrator who received a probationary appointment to the tenured position of Principal from the Board of Education of the Tuckahoe Union Free School District (District) and worked at the Middle School. Two years later the District abolished the position and terminated petitioner’s employment, as he was the least senior employee. An interim position, Student Services Assistant Principal, was filled by another and petitioner brought this proceeding seeking to be appointed to that new position, arguing it was similar to his former position of Principal.

Petitioner brought causes of action which included the District’s failure to comply with Education Law Section 3013(1) and its violation of the 14th Amendment of the US Constitution by denying him a hearing to determine the similarity of the positions. The District asked the Commissioner of the New York State Dept of Education for a variance from regulations requiring each school to employ a full-time principal and described their plans for reorganization. We argued that the Commissioner had primary jurisdiction over these causes of action and that petitioner failed to raise a cause of action. Petitioner filed a cross-motion amending his verified petition to add nine new causes of action which were based on allegations of bad faith and fraud by the District in terminating his employment and not re-hiring him, which the Court denied. The Court denied the petitioner’s verified petition pursuant to the doctrine of primary jurisdiction and granted our motion to dismiss.

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