Matter of Jerry v. Board of Education, 35 N.Y.2d 384 (1974)
A statute affecting procedure applies to pending actions and proceedings unless the Legislature expresses a clear intention to the contrary, even if the underlying cause of action arose before the statute’s effective date.
Summary
A high school teacher, Jerry, was dismissed for conduct unbecoming a teacher. The Board of Education initiated disciplinary proceedings before an amendment to the Education Law became effective that would have provided Jerry with a hearing before a panel prior to the board’s determination. Jerry requested a hearing under the new procedure, but the Board denied it, arguing the charges were filed before the amendment’s effective date. The Court of Appeals held that the amended law, which altered the procedure of the hearing, should have been applied to Jerry’s case. The Court reversed the Appellate Division’s order and remitted the case for a new hearing in compliance with the amended statute.
Facts
Jerry, a high school teacher, faced dismissal by the Board of Education for alleged misconduct, neglect of duty, inefficiency, and incompetence. The charges included lying about being sick, providing students with answers to exams, preparing illegible exams with arbitrary grading, and falsifying a student’s record to ensure failure. The Board notified Jerry of the charges around June 16, 1970. The hearing commenced on July 7, 1970. Crucially, on July 1, 1970, an amendment to Section 3020-a of the Education Law became effective, changing the hearing procedure.
Procedural History
The Board of Education dismissed Jerry. The Appellate Division modified the Board’s determination by reducing the penalty to a suspension. Both parties appealed to the New York Court of Appeals.
Issue(s)
Whether the Board of Education erred in refusing to utilize the bifurcated hearing procedure established by the amended Section 3020-a of the Education Law, and if so, whether that error requires vacating the determination and remanding the case for a new hearing in compliance with the amended statute.
Holding
Yes, because the amendment affected the procedure to be used in connection with the petitioner’s hearing, and procedural changes generally apply to pending actions unless the Legislature indicates otherwise.
Court’s Reasoning
The Court reasoned that the amendment to Section 3020-a concerned procedure, not substantive rights. The Court cited Matter of Berkovitz v. Arbib & Houlberg, 230 N.Y. 261, stating the amendment merely “vindicated by a new method the obligations then existing.” The court emphasized that the statute took effect on July 1, 1970, and the hearing occurred after this date. The Court rejected the Board’s argument that applying the new procedure would be retroactive, quoting Berkovitz that procedural changes are “prospective if viewed in relation to the means of reparation.” Citing Lazarus v. Metropolitan El. Ry. Co., 145 N.Y. 581, 585, the Court stated, “The procedure in an action is governed by the law regulating it at the time any question of procedure arises.” The Court held that even though the action was brought before the amendment, the hearing arose after its effective date, requiring the Board to use the new procedures. The Court explicitly stated that they did not need to reach the merits of the Board’s appeal because a new hearing was to be held.