Martin v. Ambach

Appeal from a judgment of the Supreme Court at Special Term (Klein, J.), entered June 25, 1980 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Commissioner of Education. Petitioner Martin is a tenured teacher who has been employed by Community School Board No. 8 of the City of New York (board) for upwards of 13 years. He failed to report for work on May 2 or 3 of 1978. For the reason that he had already been absent on 10 occasions during *870that school year, school policy dictated that he provide a medical…