Williams v. Read

New York Court of Appeals

Williams v. Read

261 N.E.2d 399, 27 N.Y.2d 577, 313 N.Y.S.2d 398, 1970 N.Y. LEXIS 1324

DecidedMay 13, 1970

StatusPublished

This text of 261 N.E.2d 399 (Williams v. Read) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Williams v. Read, 261 N.E.2d 399, 27 N.Y.2d 577, 313 N.Y.S.2d 398, 1970 N.Y. LEXIS 1324 (N.Y. 1970).

Pincite

Opinion

Order reversed, without costs, and. matter remitted to Special Term for further proceedings in accordance with the following memorandum: Neither Special Term nor the Appellate Division had the power to determine petitioner’s right to sick leave on the basis of proof never presented to the .Superintendent of Schools and on which he never had the opportunity to pass. The [580]*580responsibility to make the determination, in any event, was solely that of the Superintendent. Consequently matter should be remitted to the Superintendent for reconsideration de novo.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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Order reversed, without costs, and. matter remitted to Special Term for further proceedings in accordance with the following memorandum: Neither Special Term nor the Appellate Division had the power to determine petitioner’s right to sick leave on the basis of proof never presented to the .Superintendent of Schools and on which he never had the opportunity to pass. The [580]*580responsibility to make the determination, in any event, was solely that of the Superintendent. Consequently matter should be remitted to the Superintendent for reconsideration de novo.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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Bluebook (online)

261 N.E.2d 399, 27 N.Y.2d 577, 313 N.Y.S.2d 398, 1970 N.Y. LEXIS 1324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-read-ny-1970.