Legal Opinion

Bevan v. New York State Teachers' Retirement System

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

Decided April 11, 1974PublishedCited by 5 opinions

1Opinion of the CourtKane, J.

This is an appeal from a judgment and order of the Supreme Court at Special Term, entered .on September 5, 1973 in Albany County which: (1) granted summary judgment in favor of plaintiff declaring a portion of subdivision 1 of section 511 of the Education Law unconstitutional; (2) ordered plaintiff’s reinstatement as a tenured teacher with certain back pay and benefits; and (3) denied defendant’s cross motions to dismiss the complaint for insufficiency and for summary judgment.

Plaintiff, a tenured elementary teacher in defendant’s school district and a member of the defendant New York State…

2Cases cited5 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Perry v. SindermannSupreme Court of the United States · 1972
  3. In re FitzpatrickAppellate Division of the Supreme Court of the State of New York · 1925
  4. Hunn v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1942
  5. Hunn v. New York State Teachers' Retirement SystemNew York Court of Appeals · 1942

3Cited by5 opinions

  1. Palmer v. TiccioneCourt of Appeals for the Second Circuit · 1978
  2. Cooperman v. Commissioner, Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1977
  3. 19 Fair empl.prac.cas. 321, 16 Empl. Prac. Dec. P 8314 Lois Palmer v. Frank Ticcione, Howard Hayes, Benjamin Giambabio, William O'connell, William Gargiulo, Robert Jacob, N. Paul Buscemi, and the School Board of the Copiague Union Free School District 5Court of Appeals for the Second Circuit · 1978
  4. Carver v. Ithaca City School DistrictNew York Supreme Court · 1981
  5. Economico v. Village of PelhamAppellate Division of the Supreme Court of the State of New York · 1979

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