Legal Opinion

Auerbach v. Board of Education of the City School District

New York Court of Appeals

Decided June 29, 1995PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

The question presented by these three appeals is whether Education Law § 3107, which governs the payment of accumulated sick leave upon separation for members of the Teachers’ Retirement System, applies to members holding managerial and nonmanagerial titles alike. We conclude that it does under the statute’s plain language, and affirm.

Respondent Board of Education of the City of New York formerly employed petitioner Arthur Auerbach as Assistant Superintendent, petitioner Edward Aquilone as Executive Director of Personnel and petitioner Patricia Stryker as…

2Cases cited2 opinions

  1. Doctors Council v. New York City Employees' Retirement SystemNew York Court of Appeals · 1988
  2. Auerbach v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by25 opinions

  1. Steering Committee v. Port Authority of New York & New JerseyNew York Court of Appeals · 2011
  2. William J. Jenack Estate Appraisers & Auctioneers, Inc. v. RabizadehNew York Court of Appeals · 2013
  3. Matter of Anonymous v. MolikNew York Court of Appeals · 2018
  4. Justinian Capital SPC Ex Rel. Blue Heron Segregated Portfolio v. WestLB AGNew York Court of Appeals · 2016
  5. Ponok Realty Corp. v. United National Specialty InsuranceAppellate Division of the Supreme Court of the State of New York · 2010

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