# Legislative Conference v. Board of Higher Education

> Appellate Division of the Supreme Court of the State of New York · December 9, 1971 · 38 A.D.2d 524

URL: https://www.frixlaw.com/law-library/cases/5781492

## Case

- **Full name:** Legislative Conference of the City University of New York v. Board of Higher Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 9, 1971
- **Citations:** 38 A.D.2d 524; 327 N.Y.S.2d 1; 79 L.R.R.M. (BNA) 2608; 1971 N.Y. App. Div. LEXIS 2755
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 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/5781492

## Opinion text

Judgment, Supreme Court, New York County, entered on June 23, 1971, unanimously modified, on the law, to the extent of striking therefrom so much of the second decretal paragraph as dismisses the complaint and substituting therefor a declaration that plaintiff had no existing and enforceable contractual right to sabbatical leave prior to the effective date of section 82 of the Civil Service Law and that said section prohibits the Board of Higher Education from granting sabbatical leave for a period of one year commencing July 1, 1971; and, as so modified, the judgment is affirmed, without costs and without disbursements. Special Term correctly determined that the defendant may net be compelled to grant sabbatical leaves. However, Special Term erroneously dismissed the complaint because plaintiff was not entitled to the declaration sought by it. Instead, a declaration should have been granted in defendant’s favor as above indicated (New York Sporting Arms Assn. v. City of New York, 31 A D 2d 793). Appeal from order, Supreme Court, New York County, entered on July 28, 1971, unanimously dismissed, without costs and without disbursements. Concur—Capozzoli, J. P., McGivern, Murphy, Steuer and Eager, JJ. [ 67 Misc 2d 648 .]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5781492. Public record. Not legal advice.