Jefferson County Board of Supervisors v. Board of Trustees of Jefferson Community College

Appellate Division of the Supreme Court of New York

Jefferson County Board of Supervisors v. Board of Trustees of Jefferson Community College

46 A.D.2d 734, 361 N.Y.S.2d 1022, 1974 N.Y. App. Div. LEXIS 3789

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

DecidedOctober 31, 1974

StatusPublished

This text of 46 A.D.2d 734 (Jefferson County Board of Supervisors v. Board of Trustees of Jefferson Community College) 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

Jefferson County Board of Supervisors v. Board of Trustees of Jefferson Community College, 46 A.D.2d 734, 361 N.Y.S.2d 1022, 1974 N.Y. App. Div. LEXIS 3789 (N.Y. Ct. App. 1974).

Pincite

Opinion

— Judgment unanimously affirmed, with costs. Memorandum: Special Term treated these two article 78 proceedings as actions for declaratory judgment and specific performance of a contract, and declared the rights of the parties and directed specific performance of the contract in favor of respondents. Upon the argument before us counsel for appellant expressed his understanding that Special Term had held that the appellant Board of Supervisors had no right to inquire into the budget of respondent college, and he stated that such holding was the principal cause for this appeal. We find no such holding in this record, but only a determination that appellant is bound by the terms of its contract of 1971 with respondent for the duration of its two-year term. For the reasons stated at Special Term we agree with the determination. (Appeal from part of judgment of Jefferson Special Term, in article 78 proceeding for payment of merit salary increments.) Present — Witmer, J. P., Moule, Simons, Mahoney and Goldman, JJ.

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— Judgment unanimously affirmed, with costs. Memorandum: Special Term treated these two article 78 proceedings as actions for declaratory judgment and specific performance of a contract, and declared the rights of the parties and directed specific performance of the contract in favor of respondents. Upon the argument before us counsel for appellant expressed his understanding that Special Term had held that the appellant Board of Supervisors had no right to inquire into the budget of respondent college, and he stated that such holding was the principal cause for this appeal. We find no such holding in this record, but only a determination that appellant is bound by the terms of its contract of 1971 with respondent for the duration of its two-year term. For the reasons stated at Special Term we agree with the determination. (Appeal from part of judgment of Jefferson Special Term, in article 78 proceeding for payment of merit salary increments.) Present — Witmer, J. P., Moule, Simons, Mahoney and Goldman, JJ.

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Bluebook (online)

46 A.D.2d 734, 361 N.Y.S.2d 1022, 1974 N.Y. App. Div. LEXIS 3789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jefferson-county-board-of-supervisors-v-board-of-trustees-of-jefferson-nyappdiv-1974.