Legal Opinion

Shurgin v. Ambach

New York Court of Appeals

Decided May 6, 1982PublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, with costs.

Petitioner’s argument — that the commissioner is bound by the factual findings of the hearing panel if supported by substantial evidence — is without merit. Subdivision 5 of section 3020-a of the Education Law provides that “[ejither the employee or the employing board may review the findings of the hearing panel * * * by appeal to the commissioner of education as provided for by article seven of this chapter”. Under article 7 of the Education Law, and in particular section 310 thereof, the…

2Cases cited2 opinions

  1. Chauvel v. NyquistNew York Court of Appeals · 1977
  2. MATTER OF MINGO v. PirnieNew York Court of Appeals · 1982

3Cited by30 opinions

  1. In re the Arbitration between Binghamton City School District & PeacockAppellate Division of the Supreme Court of the State of New York · 2006
  2. Conley v. AmbachNew York Court of Appeals · 1984
  3. Rogers v. Board of EducationSupreme Court of Connecticut · 2000
  4. Cargill v. SobolAppellate Division of the Supreme Court of the State of New York · 1991
  5. Levyn v. AmbachNew York Court of Appeals · 1982

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