Hacker v. Questar Iii

Petitioner moves by Order to Show Cause for an order and judgment declaring Petitioner acquired tenure by estoppel as a school psychologist and directing her reinstatement pursuant to CPLR Article 78. Petitioner alleges the determination of the Respondent was arbitrary, capricious, irrational, illegal and an abuse of discretion. Respondent opposes the application and interposes a general denial and alleges the matter should be dismissed for failure to state a cause of action, for failure to serve a Notice of Claim pursuant to Education Law § 3813, for failing to exhaust her administrative remedies as primary jurisdiction is vested in the Commissioner of Education, by accepting a part-time position knowing it would extend her probationary period and since she did not attain three years of full-time service in a probationary appointment, she is not entitled to tenure by estoppel.