Kurzius v. Board of Ed., Washingtonville Central School Dist.
| Decision Date | 04 May 1981 |
| Citation | 81 A.D.2d 827,438 N.Y.S.2d 824 |
| Parties | Doris KURZIUS, Respondent, v. BOARD OF EDUCATION, WASHINGTONVILLE CENTRAL SCHOOL DISTRICT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Rains & Pogrebin, Mineola (Frederick D. Braid and Ernest R. Stolzer, Mineola, of counsel), for appellant.
James R. Sandner, New York City (Janis Levart Barquist, New York City, of counsel), for respondent.
Before MOLLEN, P. J., and MARGETT, O'CONNOR and WEINSTEIN, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education which refused to pay to petitioner her salary for the period of time during which she was not permitted to teach, in light of her failure to comply with the board's request for medical verification of her ability to resume normal teaching duties, the Board appeals from a judgment of the Supreme Court, Orange County, dated July 21, 1980, which awarded petitioner her full salary, with interest, for the period in question.
Judgment reversed, on the law, without costs or disbursements, determination confirmed and proceeding dismissed on the merits.
Petitioner, a junior high school science teacher, had been absent from school due to alleged illness from October 9 to November 5, 1979. She was put on notice, by letter from the Superintendent of Schools dated October 19, 1979, that she had only four days of paid sick leave remaining, after which she would not be paid for further absences. Petitioner thereafter indicated her intention to resume her duties, although she still felt ill and had requested a leave of absence until March 15, 1980.
Section 913 of the Education Law empowers the board of education or trustees of any school district to require a mental or physical examination in order to determine a person's capacity to perform his duties. The board demanded such physical examination in order to verify petitioner's illness and to determine a possible date of availability to return to her teaching duties. On the first day on which petitioner reported to resume her classes, the school district's physician indicated that she had not yet received the previously requested written report from petitioner's personal physician and that she preferred to await such report before permitting petitioner to return to work. On November 16, upon receipt of evidence of compliance, the school board's physician determined that petitioner could resume her teaching...
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...women.5 We note, however, that Gargiul may not be entitled to recover for the entire period of her suspension. In Kurzius v. Board of Education, 81 A.D.2d 827, 438 N.Y.S.2d 824, appeal discontinued, 54 N.Y.2d 1027 (1981), the Appellate Division held that a teacher whose return to classroom ......
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