Brown v. Board of Educ. of City of New York
| Decision Date | 24 November 1965 |
| Citation | 265 N.Y.S.2d 903,213 N.E.2d 314,16 N.Y.2d 1021 |
| Parties | , 213 N.E.2d 314 Application of Shirley BROWN, Appellant, v. BOARD OF EDUCATION OF the CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 23 A.D.2d 850, 259 N.Y.S.2d 179.
Petitioner, who was a tenured junior high school teacher in the New York City School District, and who had been placed on inactive status without pay by the Board of Education of the City of New York without service of charges on her or without according a hearing to her, brought a proceeding under Article 78 of the CPLR directing the Board of Education to reinstate the petitioner to her position.
The Supreme Court, Special Term, Kings County, Benjamin Brenner, J., 44 Misc.2d 466, 254 N.Y.S.2d 60, entered a judgment granting the petition, and the Board of Education appealed.
The Appellate Division, 23 A.D.2d 850, 259 N.Y.S.2d 179, entered an order reversing on the law the judgment of the Special Term, and held that action of the Board of Education, after medical examination of the petitioner by its physicians, in placing the petitioner on inactive status without pay because of illness was not suspension or removal from office, with termination of rights, and that therefore service of charges and hearing thereon were not required by law.
The petitioner appealed to the Court of Appeals, contending that the placing of the petitioner on leave of absence without pay was tantamount to removing her without charge or hearing in violation of Section 2573 of the Education Law, Consol.Laws, c. 16.
Henry C. Woicik, New York City, for petitioner-appellant.
Leo A. Larkin, New York City (Seymour B. Quel, Joseph M. Callahan, Jr., and Eugene M. Kaufman, New York City, of counsel), for respondent.
Order affirmed, without costs. Under subdivision 7a of section 106 of the by-laws of the Board of Education of the City of New York, petitioner-appellant may at any time apply to the medical bureau of the Board of Education and the Superintendent of Schools to terminate her inactive status and, in event of an adverse decision, may review it in an Article 78 proceeding.
All concur.
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Newman v. Board of Ed. of City School Dist. of New York
...medically unfit in the status of an "inactive employee" or a employee on leave of absence without pay. Brown v. Board of Education, 16 N.Y.2d 1021, 265 N.Y.S.2d 903, 213 N.E.2d 314 (1965). See also Madison v. Gross, 28 A.D.2d 523, 279 N.Y.S.2d 789 (1967). Although suspension of a teacher wi......
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