Legal Opinion

Barni v. Board of Education

New York Supreme Court

Decided July 17, 1978Published

1Opinion of the Court

OPINION OF THE COURT

Timothy J. Sullivan, J.

Can the two-for-one payroll penalty of the Taylor Law be imposed for those days in which a striking employee was in jail as a result of violating a back-to-work court order; or does the fact that the striker is in jail provide him with a defense for those days he is actually in jail? This is the novel issue confronting the court in this proceeding.

FACTS

On or about October 25, 1977 the petitioners were all found *193guilty of criminal contempt by this court (Honorable Alvin R Ruskin, Presiding) pursuant to section 751 of the Judiciary Law for their…

2Cases cited10 opinions

  1. Rankin v. ShankerNew York Court of Appeals · 1968
  2. Sanford v. RockefellerNew York Court of Appeals · 1974
  3. Caso v. District Council 37Appellate Division of the Supreme Court of the State of New York · 1973
  4. Yorktown Central School District No. 2 v. Yorktown Congress of TeachersAppellate Division of the Supreme Court of the State of New York · 1973
  5. Zeluck v. Board of EducationNew York Supreme Court · 1970

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