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Gross v. Board of Education

73 A.D.2d 949, 424 N.Y.S.2d 20, 1980 N.Y. App. Div. LEXIS 9867
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 21, 1980
StatusPublished
Cited by8 cases

This text of 73 A.D.2d 949 (Gross v. Board of Education) 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
Gross v. Board of Education, 73 A.D.2d 949, 424 N.Y.S.2d 20, 1980 N.Y. App. Div. LEXIS 9867 (N.Y. Ct. App. 1980).

Opinion

— In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent board of education to reinstate petitioner as a full-time tenured teacher in the Elmsford Union Free School District, nunc pro tunc, together with back salary, the appeal is from a judgment of the Supreme Court, Westchester County, entered February 15, 1979, which dismissed the proceeding, upon the ground that petitioner had failed to file a notice of claim. Judgment reversed, on the law, without costs or disbursements, and matter remitted to Special Term for a determination on the merits. Matter of Tadken v Board of Educ. (65 AD2d 820, mot for lv to app den 46 NY2d 711) is dispositive of the current issue. The board’s reliance on Matter of Cordani v Board of Educ. (66 AD2d 780) is misplaced since that case involved a probationary teacher and the public interest in tenure rights was not involved. Lazer, J. P., Mangano, Cohalan and O’Connor, JJ., concur.

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Bluebook (online)
73 A.D.2d 949, 424 N.Y.S.2d 20, 1980 N.Y. App. Div. LEXIS 9867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gross-v-board-of-education-nyappdiv-1980.