# Ewen v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · April 24, 1972 · 39 A.D.2d 605

URL: https://www.frixlaw.com/law-library/cases/5783461

## Case

- **Full name:** In the Matter of Harold Ewen, as President of Plainedge Federation of Teachers v. Board of Education of Union Free School District No. 18 of Plainedge, Town of Oyster Bay
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 24, 1972
- **Citations:** 39 A.D.2d 605; 331 N.Y.S.2d 957; 80 L.R.R.M. (BNA) 2618; 1972 N.Y. App. Div. LEXIS 4806
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/5783461

## Opinion text

In a proceeding pursuant to article 78 of the CPLR to compel respondent to grant sabbatical leaves to its staff members, petitioners appeal from a judgment of the Supreme Court, Nassau County, entered September 29, 1971, which dismissed the proceeding. Judgment affirmed, without costs. In our opinion, the collective bargaining agreement between petitioner Federation of Teachers and respondent Board of Education did not create a contractual obligation on the part of the latter to grant any sabbatical leave to the members of the former. Hence, whether section 82 .of the Civil Service Law does not prohibit the granting of the summer sabbatical leave for which petitioner Zellan was recommended by the Board’s Superintendent cannot affect the judgment at bar, for petitioners may not obtain judicial relief directing the board to grant a benefit to which petitioners have not shown a legal right. Hopkins, Acting P. J., Shapiro, Christ, Brennan and Benjamin, JJ., concur. [67 Mise 2d 558.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5783461. Public record. Not legal advice.