Cottrell v. Bd. of Educ.
| Decision Date | 16 November 1944 |
| Citation | 293 N.Y. 792,59 N.E.2d 32 |
| Parties | Lee B. COTTRELL, Respondent, v. BOARD OF EDUCATION, CITY OF NEW YORK, and Others, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department, 267 App.Div. 817, 47 N.Y.S.2d 106.
Action by Lee B. Cottrell against the Board of Education of the City of New York and others, on behalf of himself and other appointees of the defendant Board of Education for judgment declaring illegal the act of the Board in first reducing and ultimately eliminating salary increment credit which it was required to grant to its appointees for their service in schools other than the New York City Public Schools under the general schedule conditions included in salary schedules on file in the office of the State Commissioner of Education, and to obtain allowance of salary credit and adjustment of salary accordingly and the difference between salary received and that which plaintiff was entitled to receive. The action was brought by plaintiff, a junior high school teacher, under section 889 of the Education Law, to declare illegal the acts of the defendants. The Board of Education adopted salary schedules for members of its teaching and supervising staffs on February 6, 1929, and filed them in the office of the State Commissioner. In 1931, the Legislature amended section 889 to provide that the Board shall not reduce the salaries and increments fixed by its schedules and schedule conditions on file on March 5, 1931. The salary schedule for teachers in junior high schools, as filed, provided for a first year salary of $2,040, and for 11 specified annual increments until the maximum salary of $3,830 had been attained.
The refusal of salary credit was said to rest upon the following acts of the Board of Education: (1) On February 24, 1932, it had revised its schedule condition so as to limit the Board of Examiners' allowance of an outside teaching experience credit to a maximum of three years. (2) On January 10, 1940, it had revised its schedule condition so as to further limit the allowance of the credit to one year. (3) On May 29, 1940, it had repealed its schedule condition entirely. These acts, the plaintiff claimed, constituted a violation of the provisions of section 889.
From a judgment of the Appellate Division, 267 App.Div. 817, 47 N.Y.S.2d 106, affirming a judgment for the plaintiff, 181 Misc. 645, 42 N.Y.S.2d 472, the defendants appeal by permission of the Appellate...
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Lombardo, Application of
...Cottrell v. Board of Education of City of N. Y., 181 Misc. 645, 42 N.Y.S.2d 472, affd. 267 App.Div. 817, 47 N.Y.S.2d 106, affd. 293 N.Y. 792, 59 N.E.2d 32). Nor are cases relevant which involve attack upon or construction of statutes (e. g., Matter of Jacobson v. Board of Education, N. Y. C......
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Skipwith, In re
...v. Board of Education of City of New York, 181 Misc. 645, 42 N.Y.S.2d 472, affirmed 267 App.Div. 817, 47 N.Y.S.2d 106, affirmed 293 N.Y. 792, 59 N.E.2d 32 (reduction of teachers' salaries fixed by schedules filed with Commissioner of While the cases cited in the preceding paragraph involved......
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Buchko v. Board of Ed. of Connetquot Cent. School Dist. No. 7
...(Cottrell v. Board of Education of City of New York, 181 Misc. 645, 42 N.Y.S.2d 472, aff'd 267 App.Div. 817, 47 N.Y.S.2d 106, aff'd 293 N.Y. 792, 59 N.E.2d 32; Bramley v. Miller, 243 App.Div. 220, 276 N.Y.S. 812, aff'd 270 N.Y. 307, 1 N.E.2d 111; City of New York v. Porter, 274 App.Div. 832......
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Pipe & Engineering Co., Application of
...the department. Cottrell v. Board of Education, 181 Misc. 645, 42 N.Y.S.2d 472, affirmed 267 App.Div. 817, 47 N.Y.S.2d 106; 293 N.Y . 792, 59 N.E.2d 32; O'Connor v. Emerson, 196 App.Div. 807, 188 N.Y.S. 236; Buffalo Audio v. Union Free School District, Sup., 208 N .Y.S.2d 760; Corbett v. Un......