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

Angello v. Board of Cooperative Educational Services

Angello v. Bd. of Coop. Educ. Servs., 55 A.D.2d 806 (Appellate Division of the Supreme Court of the State of New York 1976)

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1976-12-10
Topic
general

Judgment unani*807mously affirmed, with costs, on the opinion at the Trial Term (Kennedy, J., 80 Misc 2d 472). Memorandum: We add that since there was no issue presented between respondents Ms. Dusinberre and BOCES, no determination is made respecting her tenure rights with BOCES. In view of the defense by BOCES that it should have a credit against back salary claimed by petitioner, this affirmance is without prejudice to an application by BOCES to Trial Term, if so advised, to offer proof of actual earnings by petitioner, exclusive of summer work, during the period for which BOCES is directed to pay his salary since September, 1972 and, if any are proved, for a credit thereof against its back salary obligation to petitioner (see Matter of Lezette v Board of Educ., 35 NY2d 272, 283). (Appeals from judgment of Steuben Supreme Court—article 78.) Present—Marsh, P.

Citator

UpLaw has not yet analyzed Angello v. Board of Cooperative Educational Services. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions

Judgment unani *807 mously affirmed, with costs, on the opinion at the Trial Term (Kennedy, J., 80 Misc 2d 472). Memorandum: We add that since there was no issue presented between respondents Ms. Dusinberre and BOCES, no determination is made respecting her tenure rights with BOCES. In view of the defense by BOCES that it should have a credit against back salary claimed by petitioner, this affirmance is without prejudice to an application by BOCES to Trial Term, if so advised, to offer proof of actual earnings by petitioner, exclusive of summer work, during the period for which BOCES is directed to pay his salary since September, 1972 and, if any are proved, for a credit thereof against its back salary obligation to petitioner (see Matter of Lezette v Board of Educ., 35 NY2d 272, 283). (Appeals from judgment of Steuben Supreme Court—article 78.) Present—Marsh, P. J., Moule, Mahoney, Goldman and Witmer, JJ.