# Lindsey v. Board of Education

> New York Court of Appeals · September 18, 1979 · 48 N.Y.2d 646

URL: https://www.frixlaw.com/law-library/cases/5532536

## Case

- **Full name:** In the Matter of Janet Lindsey v. Board of Education of Mount Morris Central School District
- **Court:** New York Court of Appeals
- **Decided:** September 18, 1979
- **Citations:** 48 N.Y.2d 646; 421 N.Y.S.2d 199; 396 N.E.2d 481; 1979 N.Y. LEXIS 2574
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 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/5532536

## Opinion text

OPINION OF THE COURT
Order reversed, with costs, and case remitted to the Appellate Division, Fourth Department, for consideration on the merits. The defense of failure to give notice under subdivision 1 of section 3813 of the Education Law, not having been raised in the court of original jurisdiction, was waived (Flanagan v Board of Educ., 47 NY2d 613, 617 ; Matter of Schlosser v Board of Educ., 47 NY2d 811 ).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5532536. Public record. Not legal advice.