Tansman v. Community School Board 21

Appellate Division of the Supreme Court of New York

Tansman v. Community School Board 21

53 A.D.2d 866, 385 N.Y.S.2d 494, 1976 N.Y. App. Div. LEXIS 13698

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

DecidedJuly 6, 1976

StatusPublished

This text of 53 A.D.2d 866 (Tansman v. Community School Board 21) 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

Tansman v. Community School Board 21, 53 A.D.2d 866, 385 N.Y.S.2d 494, 1976 N.Y. App. Div. LEXIS 13698 (N.Y. Ct. App. 1976).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 inter alia to review a determination of the respondent board of education which (1) affirmed so much of a determination of respondent Community School Board No. 21, dated March 27, 1974, and made after a hearing, which found petitioner guilty of certain misconduct and (2) suspended her for six months without pay. Determination annulled, on the law, without costs or disbursements, petition granted, charges dismissed and respondents are directed to reinstate petitioner to her classroom duties, with back pay, less the amount of compensation earned in any other employment or occupation and any unemployment benefits she may have received during such period. No findings of fact were presented for review. The charges against petitioner were initiated more than six months after the acts complained of, and the record herein does not contain substantial evidence that the misconduct alleged constituted a crime when committed (see Education Law, § 2590-j, subd 7, par [c]). The determination is, therefore, annulled. Martuscello, Acting P. J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.

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Proceeding pursuant to CPLR article 78 inter alia to review a determination of the respondent board of education which (1) affirmed so much of a determination of respondent Community School Board No. 21, dated March 27, 1974, and made after a hearing, which found petitioner guilty of certain misconduct and (2) suspended her for six months without pay. Determination annulled, on the law, without costs or disbursements, petition granted, charges dismissed and respondents are directed to reinstate petitioner to her classroom duties, with back pay, less the amount of compensation earned in any other employment or occupation and any unemployment benefits she may have received during such period. No findings of fact were presented for review. The charges against petitioner were initiated more than six months after the acts complained of, and the record herein does not contain substantial evidence that the misconduct alleged constituted a crime when committed (see Education Law, § 2590-j, subd 7, par [c]). The determination is, therefore, annulled. Martuscello, Acting P. J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.

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Bluebook (online)

53 A.D.2d 866, 385 N.Y.S.2d 494, 1976 N.Y. App. Div. LEXIS 13698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tansman-v-community-school-board-21-nyappdiv-1976.