Legal Opinion

Belluardo v. Board of Education

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

Decided March 5, 1979PublishedCited by 9 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Suffolk County, dated June 21, 1978, which, inter alia, held that the action of the appellant in withholding petitioner’s pay during a period of suspension was "arbitrary, capricious and illegal.” Judgment affirmed, with costs. Since this proceeding seeks the vindication of a private rather than public right, the filing of a verified notice of claim was a condition precedent to its maintenance (Education Law, § 3813, subd 1; Union Free School Dist. No. 6 of Towns of Islip & Smithtown v New York State Human Rights Appeal Bd., 35 NY2d 371, 379-380;…

2Cases cited5 opinions

  1. Union Free School District No. 6 v. New York State Human Rights Appeal BoardNew York Court of Appeals · 1974
  2. Jerry v. Board of EducationNew York Court of Appeals · 1974
  3. Ruocco v. DoyleAppellate Division of the Supreme Court of the State of New York · 1972
  4. Yeampierre v. GutmanAppellate Division of the Supreme Court of the State of New York · 1976
  5. McCullough v. Board of Education of Ramapo Central School District No. 2Appellate Division of the Supreme Court of the State of New York · 1960

3Cited by9 opinions

  1. Pope v. Hempstead Union Free School District Board of EducationAppellate Division of the Supreme Court of the State of New York · 1993
  2. Jackson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1993
  3. Derle v. North Bellmore Union Free School DistrictNew York Court of Appeals · 1991
  4. McCreery v. Babylon Union Free School DistrictDistrict Court, E.D. New York · 1993
  5. Janke v. Community School Board of Community School District No. 19Appellate Division of the Supreme Court of the State of New York · 1992

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