Weisbarth v. Board of Education

Appellate Division of the Supreme Court of New York

Weisbarth v. Board of Education

76 A.D.2d 841, 428 N.Y.S.2d 324, 1980 N.Y. App. Div. LEXIS 11891

Appellate Division of the Supreme Court of the State of New York·Decided June 2, 1980·Published·Cited by 3 cases

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent board of education to reinstate petitioner as a tenured teacher in the East Meadow Union Free School District, with back pay, petitioner appeals from a judgment of the Supreme Court, Nassau County, entered July 24, 1979, which dismissed the proceeding on the ground that petitioner failed to serve a notice of claim upon respondents in accordance with section 3813 of the Education Law. Judgment reversed, on the law, with $50 costs and disbursements, and proceeding remitted to Special Term for a determination on the merits. Section 3813 of the Education Law is not applicable since petitioner seeks enforcement of tenure rights, a matter of public interest (see Matter of Tadken v Board of Educ., 65 AD2d 820, mot [842] for lv to app den 46 NY2d 711; Matter of Gross v Board of Educ., 73 AD2d 949). Titone, J. P., Mangano, Margett and Martuscello, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent board of education to reinstate petitioner as a tenured teacher in the East Meadow Union Free School District, with back pay, petitioner appeals from a judgment of the Supreme Court, Nassau County, entered July 24, 1979, which dismissed the proceeding on the ground that petitioner failed to serve a notice of claim upon respondents in accordance with section 3813 of the Education Law. Judgment reversed, on the law, with $50 costs and disbursements, and proceeding remitted to Special Term for a determination on the merits. Section 3813 of the Education Law is not applicable since petitioner seeks enforcement of tenure rights, a matter of public interest (see Matter of Tadken v Board of Educ., 65 AD2d 820, mot [842] for lv to app den 46 NY2d 711; Matter of Gross v Board of Educ., 73 AD2d 949). Titone, J. P., Mangano, Margett and Martuscello, JJ., concur.

Weisbarth v. Board of Education, 76 A.D.2d 841, 428 N.Y.S.2d 324, 1980 N.Y. App. Div. LEXIS 11891 (N.Y. Ct. App. 1980).

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