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Failure to extend a contract of employment

By Harvey Randall, Esq.

Voss v Rockland County Community College, 38 A.D.3d 880

When Thomas Voss? contract as Acting President of the Rockland Community College was not extended beyond its fixed date of expiration, he sued to ?recover damages for breach of contract.? Supreme Court dismissed Voss? complaint and he appealed.

Affirming the lower court?s dismissal of his petition, the Appellate Division observed that Education Law §6306(2) provides, in relevant part, that ?[t]he board of trustees of each community college shall appoint a president for the college, subject to approval by the state university trustees.?

In rejecting Voss? appeal, the court said that the Community College ?made a prima facie showing? of its entitlement to summary judgment dismissing Voss? cause of action to recover damages for breach of contract, ?as the State University of New York Board of Trustees did not approve the contract seeking to extend the appointment of ?. Thomas G. Voss as the interim community college president.?

Full post as published by New York Public Personnel Law on January 17, 2008 (boomark / email).