| Matter of Gee v Board of Educ. of Rochester City Sch. Dist. |
| 2012 NY Slip Op 06726 [99 AD3d 1260] |
| October 5, 2012 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Kevin Gee, Appellant, v Board of Education of Rochester City School District et al., Respondents. |
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Charles G. Johnson, Rochester (Michael E. Davis of counsel), for
respondents-respondents.
Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 19, 2011 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: We conclude that, by accepting employment as a school instructor and entering into a collective bargaining agreement as a result of his membership in the union representing him, petitioner waived any right to be credited for seniority in the tenure area of teacher (see Matter of Dietz v Board of Educ. of Rochester City Sch. Dist., 98 AD3d 1251 [2012]; Matter of Wiener v Board of Educ. of E. Ramapo Cent. School Dist., 90 AD2d 832, 833 [1982], appeal dismissed 58 NY2d 1115 [1983]). Present—Scudder, P.J., Smith, Fahey, Lindley and Martoche, JJ.