Can a teacher, wrongfully terminated, insist that she be placed back to her former school rather than into the Absent Teacher Reserve?

No. The Appellate Division, First Department, has ruled that a Diana Hrisinko, a former Commercial Art Teacher at the High School of Art and Design had no right to placed back into her school after the Court found that she had been wrongfully terminated.

The DOE dismissed Hrisinko, without a hearing, maintaining she was still on probation. Hrisinko appealed to the New York State Supreme Court and won. Justice Marilyn Diamond found that she had obtained tenure by estoppel and was entitled to a hearing before termination. Justice Diamond awarded Hrisinko over 3 years back pay and reinstatement.

Upon reinstatement the DOE assigned Hrisinko as an ATR and refused to place her back in Art and Design. Hrisinko appealed to Court for contempt. Jusitce Joan Lobis ruled that her reinstatement order did not include a specific direction to the DOE to place her back in her original position. This was affirmed by the Appellate Division.

Observation. It is interesting to note that Justice Diamond had retired before Hrisinko’s contempt application. Also no reference to the CBA or grievance procedure was made.

In re Diana Hrisinko, Petitioner-Appellant, v Board of Education of the City School District of the City of New York, et al., Respondents-Respondents. 8752 110191/08, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2012 N.Y. App. Div. LEXIS 8328; 2012 NY Slip Op 8431, December 6, 2012, Decided, December 6, 2012, Entered

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