Messano v. Board of Education

In this proceeding pursuant to article 78 of the CPLR a group of teachers ask for a judgment which would reinstate sabbatical leaves granted them in March of this year. They seek also to vacate resolutions of respondent Board of Education rescinding the earlier resolution granting the leaves. The relief sought is granted.

Section 82 of the Civil Service Law (L. 1971, ch. 124, eff. April 12, 1971) which apparently was enacted in an economy move provides in part (subd. 2) that there were to be no leaves of absence or sabbatical leaves for one year from July 1, 1971. The statute went on to say…