# Feinberg v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · January 19, 1976 · 51 A.D.2d 548

URL: https://www.frixlaw.com/law-library/cases/5803242

## Case

- **Full name:** In the Matter of Norman Feinberg v. Board of Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 19, 1976
- **Citations:** 51 A.D.2d 548; 378 N.Y.S.2d 426; 1976 N.Y. App. Div. LEXIS 10795
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 4 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/5803242

## Opinion text

In a proceeding pursuant to CPLR article 78 to compel respondents to pay petitioner moneys earned by him for certain per diem service, which moneys had been withheld to recoup an overpayment to petitioner, the appeal is from a judgment of the Supreme Court, Kings County, dated September 20, 1973, which directed appellants to pay petitioner $1,092.70. Judgment affirmed, without costs. In our opinion there is no authority to support appellants’ method of recoupment. Our determination is without prejudice to the institution of a plenary suit by appellants, if they be so advised. Rabin, Acting P. J., Martuscello, Latham, Margett and Shapiro, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5803242. Public record. Not legal advice.