Board of Education of the Clarkstown Central School District v. Ambach

OPINION OF THE COURT

Casey, J.

When certain teachers employed by petitioner school district engaged in an eight-day illegal strike during the month of October, 1980, the district computed their per diem strike penalties at a rate of 1/183 for each day of unauthorized absence, based on the actual 183 school days in the 1980-1981 school year. The result thus calculated *189was doubled and imposed as a penalty, pursuant to section 210 of the Civil Service Law (Taylor Law). Four of the teachers, on behalf of themselves and others similarly situated, appealed to the Commissioner of Education who…