Elsberg v. Macchiarola

Appellate Division of the Supreme Court of New York

Elsberg v. Macchiarola

80 A.D.2d 850, 439 N.Y.S.2d 629, 1981 N.Y. App. Div. LEXIS 10685

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 9, 1981

StatusPublished

This text of 80 A.D.2d 850 (Elsberg v. Macchiarola) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elsberg v. Macchiarola, 80 A.D.2d 850, 439 N.Y.S.2d 629, 1981 N.Y. App. Div. LEXIS 10685 (N.Y. Ct. App. 1981).

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Opinion

In a proceeding pursuant to CPLR article 78 to, inter alia, compel the respondent Chancellor to disclose the reasons why the petitioners were denied tenure, the petitioners appeal from a judgment of the Supreme Court, Kings County, dated July 18, 1980, which dismissed the petition. Judgment affirmed, without costs or disbursements. Although the instant proceeding is not barred by the doctrine of res judicata (see Brown v Lockwood, 76 AD2d 721, 740-741) the petition was nevertheless properly dismissed. Under the respondent board of education’s by-laws the Chancellor is not required to inform petitioners as to why they were denied tenure. (By-laws of the Bd. of Educ. of the City School Dist. of City of N.Y., § 5.3.4.) Hopkins, J.P., Damiani, Lazer and Cohalan, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to, inter alia, compel the respondent Chancellor to disclose the reasons why the petitioners were denied tenure, the petitioners appeal from a judgment of the Supreme Court, Kings County, dated July 18, 1980, which dismissed the petition. Judgment affirmed, without costs or disbursements. Although the instant proceeding is not barred by the doctrine of res judicata (see Brown v Lockwood, 76 AD2d 721, 740-741) the petition was nevertheless properly dismissed. Under the respondent board of education’s by-laws the Chancellor is not required to inform petitioners as to why they were denied tenure. (By-laws of the Bd. of Educ. of the City School Dist. of City of N.Y., § 5.3.4.) Hopkins, J.P., Damiani, Lazer and Cohalan, JJ., concur.

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Bluebook (online)

80 A.D.2d 850, 439 N.Y.S.2d 629, 1981 N.Y. App. Div. LEXIS 10685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elsberg-v-macchiarola-nyappdiv-1981.

Opinion

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