Legal Opinion

Golomb v. Board of Education

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

Decided March 21, 1983PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

O’Connor, J.

This appeal raises the issue of the proper procedural steps to be taken by a teacher in order to recover unpaid salary for the period of an unlawful ouster after reinstatement has been voluntarily effected. We conclude that under Yris v Comsewogue Union Free School Dist. No. 3, Port Jefferson Sta. (63 AD2d 648, affd 55 NY2d 840), a petition seeking to recover such salary is by nature one to recover *257damages for breach of contract and that a judgment for such damages alone cannot be made under CPLR article 78.

In the spring of 1977, petitioner, a probationary…

2Cases cited25 opinions

  1. Howard v. . DalyNew York Court of Appeals · 1875
  2. Mtr. Lezette v. Bd. of Educ., HudsonNew York Court of Appeals · 1974
  3. Toscano v. McGoldrickNew York Court of Appeals · 1949
  4. People Ex Rel. Deverell v. Musical Mutual Protective UnionNew York Court of Appeals · 1889
  5. State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982

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3Cited by19 opinions

  1. Gertler v. GoodgoldAppellate Division of the Supreme Court of the State of New York · 1985
  2. Finley v. GiacobbeCourt of Appeals for the Second Circuit · 1996
  3. Finley v. GiacobbeCourt of Appeals for the Second Circuit · 1996
  4. Frasier v. Board of EducationNew York Court of Appeals · 1988
  5. Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983

14 more not listed; retrieve them via the Exa API.

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