Pauk v. Board of Trustees of City University of New York
| Decision Date | 03 July 1986 |
| Parties | , 497 N.E.2d 675, 34 Ed. Law Rep. 879 Edgar PAUK, Appellant, v. BOARD OF TRUSTEES OF the CITY UNIVERSITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed, with costs, for the reasons stated by that court (111 A.D.2d 17, 488 N.Y.S.2d 685). We add only that, had he prevailed on appeal in the prior article 78 proceeding, plaintiff could have been awarded the loss of salary he is currently seeking, calculated from the date he was no longer employed at Queens College to the date of reinstatement. Under CPLR 7806, the lost salary would have been "incidental to the primary relief sought by petitioner", i.e., rescission of the letter terminating his employment and an order declaring him to be a tenured member of the Queens College faculty (cf. Matter of Schwab v. Bowen, 41 N.Y.2d 907, 908, 394 N.Y.S.2d 616, 363 N.E.2d 341 []; but cf. also, Davidson v. Capuano, 792 F.2d 275 (2nd Cir.1986) [] ). Whether damages are "incidental to the primary relief sought" depends upon the facts of the case (see, Matter of Schwab, supra ).
TITONE, J., taking no part.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
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