Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06444
Matter of Puccio v Department of Educ. of City of New York
Read the official decision: 2026 NY Slip Op 06444
Holding The petitioner did not acquire tenure by estoppel because his employment was terminated within the four-year probationary period, as summer employment does not extend the calendar year calculation. The Department of Education’s decision to terminate the petitioner was not arbitrary and capricious, and the petitioner failed to prove the termination was done in bad faith or for illegal reasons.
The court’s words
one "year" is the equivalent of a calendar year
2026 NY Slip Op 06444, at the official text
petitioner's conclusory and unsubstantiated assertions were not sufficient to meet his burden
2026 NY Slip Op 06444, at the official text
petitioner did not acquire tenure by estoppel
2026 NY Slip Op 06444, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06444 |
| Area of law | Education Law |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06444 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1739 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Puccio v Department of Educ. of City of New York, 2026 NY Slip Op 06444 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06444/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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