Legal Opinion

Scanlan v. Buffalo Public School System

New York Court of Appeals

Decided October 23, 1997PublishedCited by 99 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

At issue in these four CPLR article 78 proceedings is whether, pursuant to Retirement and Social Security Law § 803, petitioners are entitled to retroactive membership in the New York State Teachers’ Retirement System (TRS), to include periods they spent as part-time or substitute teachers in respondent school districts. We conclude that in each case, petitioner teachers demonstrated their eligibility for retroactive membership by substantial evidence. Further, we hold that only respondent Kingston Board of Education then provided a rational basis for…

2Cases cited9 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  3. Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
  4. Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
  5. Ellington Construction Corp. v. Zoning Board of Appeals of Inc. Village of New HempsteadNew York Court of Appeals · 1990

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3Cited by99 opinions

  1. Betty L. Kimmel v. State of New YorkNew York Court of Appeals · 2017
  2. Storrar v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1999
  3. The Matter of James R. Diegelman v. City of BuffaloNew York Court of Appeals · 2016
  4. Sadoff v. Ithaca City School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
  5. New York Telephone Co. v. Public Service CommissionNew York Court of Appeals · 2000

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