Legal Opinion

Tombler v. Board of Education of Brookhaven-Comsewogue Union Free School District

New York Supreme Court

Decided July 8, 1981PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Eli Wager, J.

Where an article 78 proceeding is commenced by a tenured teacher seeking review of a determination made by a hearing panel convened pursuant to section 3020-a of the Education Law, is the court authorized to stay or dismiss the proceeding for the purpose of permitting the *822Commissioner of Education to render a decision in an appeal subsequently commenced by the board of education? This is the issue raised by the respondent board of education and superintendent of schools (the Board) in their motion to stay or dismiss this article 78 proceeding commenced by Anne…

2Cases cited33 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Barsky v. Board of Regents of the University of the State of New YorkSupreme Court of the United States · 1954
  3. Stolz v. Board of Regents of the UniversityAppellate Division of the Supreme Court of the State of New York · 1957
  4. James v. Board of EducationNew York Court of Appeals · 1977
  5. Vetere v. AllenNew York Court of Appeals · 1965

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3Cited by5 opinions

  1. Rudner v. Board of Regents of the New York State Department of EducationAppellate Division of the Supreme Court of the State of New York · 1984
  2. Tucker v. Board of EducationSupreme Court of Connecticut · 1983
  3. Lavelle v. QuinonesDistrict Court, E.D. New York · 1988
  4. All Weather Carting Corp. v. Town Board of IslipNew York Supreme Court · 1987
  5. Botwin v. Board of EducationNew York Supreme Court · 1982

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