Feinberg v. Board of Education

In this article 78 proceeding, petitioner seeks a judgment declaring that respondents’ withholding of compensation from petitioner for 30 days of his employment as a substitute teacher to be illegal, arbitrary and capricious. Respondents claim that the withholding represents recoupment of alleged overpayments mistakenly made in the form of vacation pay to which petitioner was not entitled. Respondents, prior to answer, move to dismiss the petition as failing to state a cause of action.

The court will not pass upon the validity of the vacation payments made to petitioner, since the issue of…