Practice point: Tenure may be
acquired by estoppel when a school board accepts the continued services
of a teacher or administrator, but fails to take the action required by
law to either grant or deny tenure prior to the expiration of the
teacher's probationary term. Here, however, the teacher had requested a one-year extension of the probationary period and, on being terminated, could not assert that tenure had been acquired by estoppel.
Student note: Estoppel is a bar which precludes a party from denying a certain
fact or state of facts to the detriment of another party who was
entitled to rely on such facts and acted on that reliance.
Case: Chisholm v. Hochman, NY Slip Op 05818 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: The effect of an executed release.
