The state’s highest court announced Monday that it will allow the Niagara Falls Board of Education to appeal a ruling that reinstated a high school guidance counselor fired in 2009 for allegedly violating the district’s residency policy.
The directive in the case of Keli-Koran Luchey means that hers is the third case before the Court of Appeals on the Niagara Falls residency rule.
The court previously had agreed to hear cases involving Roxanne A. Adrian, a Niagara Falls High School English teacher, and production control manager Karrie Beck-Nichols.
In February, the Appellate Division of State Supreme Court in Rochester ruled that the district was right to fire Adrian but wrong to fire Luchey. Subsequently, the appellate panel also overturned Beck-Nichols’ dismissal.
The school district asked the Court of Appeals to hear the Luchey and Beck-Nichols cases, while New York State United Teachers appealed the Adrian case.
In 2010, judges ruled that the district should not have fired Vincent F. Gigliotti, a general repairer, and Randy M. Krajkowski, an information services employee.
The School Board appealed those rulings, but they were upheld. Gigliotti and Krajkowski were reinstated, as the Court of Appeals refused to take those cases.
The city won a lawsuit over the firing of Judith Smith, a member of the administrators union. It was not appealed.
The school district’s record in lawsuits over the residency policy currently stands at two victories and four losses, although three of the cases still could be reversed by the Court of Appeals.