Thornton v Saugerties Cent. Sch. Dist., 2014 NY Slip Op 07046, Appellate Division, Third Department
When Supreme Court dismissed the petition on the merits, finding that Thornton had no clear right to the relief requested because she was not a necessary employee within the meaning of Civil Service Law §70(2), she appealed.
1. If it does not apply, this is a common termination of public employment case and, because no administrative hearing is required and the statutory "period runs from the notice of discharge, or the effective DAte of discharge, if later." If §70(2) did not apply in this instance, Thornton’s petition was untimely.
* In addition, the provisions of §§80 and 80-a of the Civil Service Law would be triggered if any employee would be laid off as the result of the abolisement of a position.