Legal Opinion

Kaye v. Board of Education, Merrick Union Free School District

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

Decided November 14, 1983PublishedCited by 11 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78, to compel petitioner’s reinstatement to a full-time teaching position, petitioner appeals from a judgment of the Supreme Court, Nassau County (Lockman, J.), dated May 24, 1982, which dismissed the petition as time barred pursuant to CPLR 217. Judgment reversed, on the law, with costs, and matter remitted to Special Term for further proceedings consistent herewith. Due to declining enrollments, respondent eliminated four elementary school teacher positions, including petitioner’s, effective June 30, 1981. Petitioner and the three senior teachers…

2Cases cited4 opinions

  1. Austin v. Board of Higher EducationNew York Court of Appeals · 1959
  2. Piaggone v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1983
  3. Burke v. Village of Johnson CityAppellate Division of the Supreme Court of the State of New York · 1971
  4. Matter of Burke v. Vill. of Johnson CityNew York Court of Appeals · 1971

3Cited by11 opinions

  1. Dionisio v. Board of Education of Mahopac Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1986
  2. Waterside Associates v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1987
  3. Mutschler v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1991
  4. Di Cocco v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1991
  5. Gladding v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1988

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