Petitioner was a teacher of catering who resigned to take a chef’s position. Petitioner returned to a different school and was given a “U” rating and terminated. Petitioner filed an Article 78 petition without filing a grievance claiming that his termination was arbitrary and capricious, an abuse of discretion and violated his right to have a hearing pursuant to Education Law 3020(a). The Court of Appeals upheld the denial of the Article 78 petition ruling that the Petition was required to submit a written request to withdraw his resignation and submit to a medical exam at the direction of the school chancellor.
Read about this Teacher civil service tenure and termination case here.