Matter Elizabeth Ambrose v. Community School Board No. 30 Et Al‪.‬

[48 A.D.2d 654 Page 654] The chancellor is directed to provide for a review of the recommendations for the discontinuance of petitioner's services pursuant to the provisions of section 105a of the by-laws of the Board of Education of the City of New York (the Board) which review shall be conducted in accordance with the views herein set forth. Prior to February, 1970 petitioner was licensed as a substitute teacher by the Board. In February, 1970 she obtained a license as a teacher of common branches. She commenced her service as a probationary teacher in February, 1970 at P. S. 150, Queens, in Community School District No. 30, and served in that capacity until June 30, 1970. At that time she was assigned to P. S. 17, Queens, in the same school district, effective September, 1970. On November 1, 1972 Peter S. O'Brien, acting principal of P. S. 17, recommended that petitioner be denied certification of completion of probation because her services allegedly were unsatisfactory. This recommendation was approved by respondent Sol Silver, Superintendent of Community School Board No. 30, on November 1, 1972. On November 30, 1972 petitioner was given notice to attend a meeting to be held on December 12, 1972, at which time the recommendation to deny permanent appointment to her was to be reviewed by the chancellor's review committee. That notice, allegedly mailed to her in compliance with the requirements of section 105a of the Board's by-laws, failed to comply with that by-law because it did not advise petitioner that she had the right, at that review to be confronted by witnesses, to call witnesses and to introduce any relevant evidence (Matter of Brown v Board of Educ. of City [48 A.D.2d 654 Page 655]