Legal Opinion

Ching-Leou Liu v. Eugenio Maria De Hostos Community College

New York Supreme Court

Decided October 2, 2007Published

1Opinion of the Court

OPINION OF THE COURT

Yvonne Gonzalez, J.

*664Petitioner brings this CPLR article 78 proceeding for (1) a judgment declaring that respondents’ denial of “retirement leave” to petitioner violated Education Law § 3107 and was arbitrary and capricious, and (2) to order respondents to provide back pay and all other benefits to petitioner for the period of the denied “retirement leave.” “Retirement leave” is essentially a method of providing compensation for unused sick leave immediately prior to an employee’s retirement. Respondents cross-move to dismiss the petition.

It is undisputed that petitioner was…

2Cases cited8 opinions

  1. Clift v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1974
  2. Rubinstein v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1985
  3. Vaccaro v. Board of EducationCivil Court of the City of New York · 1967
  4. Grossman v. City of New YorkNew York Supreme Court · 1972
  5. Coates v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1975

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