# Davis v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · May 24, 1948 · 273 A.D. 701

URL: https://www.frixlaw.com/law-library/cases/5384689

## Case

- **Full name:** Anna S. Davis v. Board of Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 24, 1948
- **Citations:** 273 A.D. 701; 79 N.Y.S.2d 1
- **Precedential status:** Published
- **Opinion:** Dissent by Dore
- **Judges:** Dore, Voobhis
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5384689

## Opinion text

Dore, J.
(dissenting). The resolution provided that the cost of living bonus “ shall not be granted to employees while on leave of absence without pay ” (emphasis supplied). During the fiscal year in which the bonus in question is involved, namely, from July 1,1945, to June 30,1946, the teacher was not on leave of absence at all but served full time just as any other teacher in the system. Accordingly, by the express language *705 of the resolution, she was entitled to the $29.16 bonus money for July, 1945.
I dissent and vote to affirm the determination of the Appellate Term.
Peck, P. J., Glekkok and Shiektag, JJ., concur with Yak Yooehis, J.; Does, J., dissents and votes to affirm the determination of the Appellate Term, in opinion.
Determination of the Appellate Term reversed, without costs, and judgment of the Municipal Court in favor of defendant affirmed. Settle order on notice.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5384689. Public record. Not legal advice.