Suppa v. Landau

Appellate Division of the Supreme Court of New York

Suppa v. Landau

55 A.D.2d 651, 390 N.Y.S.2d 154, 1976 N.Y. App. Div. LEXIS 15400

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

DecidedDecember 20, 1976

StatusPublished

This text of 55 A.D.2d 651 (Suppa v. Landau) 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

Suppa v. Landau, 55 A.D.2d 651, 390 N.Y.S.2d 154, 1976 N.Y. App. Div. LEXIS 15400 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent superintendent of schools that petitioners had "engaged in a strike” by failing to participate in a "Night in School” activity, the petitioners appeal [652]*652from an order and judgment (one paper) of the Supreme Court, Westchester County, dated July 17, 1976, which granted respondents’ motion for summary judgment and dismissed the petition. Order and judgment reversed, on the law, without costs or disbursements, and motion denied. Since the question of whether respondents’ determination was based upon substantial evidence was not raised in the petition, Special Term was correct in considering the proceeding on the merits and in not transferring it to this court for disposition (see CPLR 7804, subd [g]). However, it is our opinion that the record presents a question of fact as to whether the participation of secondary school teachers in the "Night in School” activity was mandatory or voluntary. The existence of that question of fact precludes the granting of summary judgment in favor of either party. Rabin, Acting P. J., Shapiro, Titone and Suozzi, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent superintendent of schools that petitioners had "engaged in a strike” by failing to participate in a "Night in School” activity, the petitioners appeal [652]*652from an order and judgment (one paper) of the Supreme Court, Westchester County, dated July 17, 1976, which granted respondents’ motion for summary judgment and dismissed the petition. Order and judgment reversed, on the law, without costs or disbursements, and motion denied. Since the question of whether respondents’ determination was based upon substantial evidence was not raised in the petition, Special Term was correct in considering the proceeding on the merits and in not transferring it to this court for disposition (see CPLR 7804, subd [g]). However, it is our opinion that the record presents a question of fact as to whether the participation of secondary school teachers in the "Night in School” activity was mandatory or voluntary. The existence of that question of fact precludes the granting of summary judgment in favor of either party. Rabin, Acting P. J., Shapiro, Titone and Suozzi, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

55 A.D.2d 651, 390 N.Y.S.2d 154, 1976 N.Y. App. Div. LEXIS 15400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suppa-v-landau-nyappdiv-1976.