In Juul v. Bd. of Educ., 76 A.D.2d 837 [2nd Dept. 1980], aff'd 55 N.Y.2d 648 [1981]) the petitioner was informed at the end of his third year of teaching that, while he was not being granted tenure, the board was willing to reconsider the matter and grant petitioner an additional year of probation if he agreed to waive his tenure rights. Petitioner then signed a written waiver wherein he explicitly waived any claim to tenure by estoppel and stipulated with the board that, at the end of the end of the extra year, the board may either grant or deny tenure. At the end of the additional year of probation, the petitioner was advised of the board's intention to deny him tenure. He then commenced an Article 78 proceeding by order to show cause, challenging the denial and arguing that the agreement was violative of public policy. In holding that the agreement was enforceable, the Second Department concluded that "the public policy of this State is not violated by certain knowing and voluntary waivers of the protections afforded by the Education Law."