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Vague and conclusory allegations results in dismissal of Article 78 petition

Vague and conclusory allegations results in dismissal of Article 78 petition
Wharry v Lindenhurst Union Free School District, 2009 NY Slip Op 06424, Decided on September 8, 2009, Appellate Division, Second Department

Marissa Wharry sued the Lindenhurst Union Free School District after it declined to renew her annual contract as varsity gymnastics coach. She asked Supreme Court for an order compelling the District to continue her in the position. She also filed a second complaint alleging that the District's determination not to renew her contract violated her civil rights and that after her contract was not renewed the Superintendent and others tortiously interfered with her attempts to secure other employment.

Supreme Court dismissed both complaints and Wharry appealed.

The Appellate Division affirmed the lower court?s action, holding that the District?s determination not to renew Wharry's annual contract had a rational basis and was neither arbitrary nor capricious.

Further, said the court, Wharry?s allegations in her Civil Rights complaint were insufficient to state a cause of action to recover damages for any civil rights violation. Wharry, said the Appellate Division, set out vague and conclusory factual allegations that did not state a cause of action to recover damages for tortious interference with her attempts to secure employment with other school districts.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_06424.htm

Full post as published by New York Public Personnel Law on September 14, 2009 (boomark / email).