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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
CourtAppellate Division, Second Department
DecidedNovember 4, 2026
Citation2026 NY Slip Op 06444
Area of lawEducation Law
WeekWeek ending November 7, 2026
Official textOfficial decision: 2026 NY Slip Op 06444
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1739

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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Published November 4, 2026. Updated November 4, 2026.