# Gross v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · January 21, 1980 · 73 A.D.2d 949

URL: https://www.frixlaw.com/law-library/cases/5837802

## Case

- **Full name:** In the Matter of Florence Gross v. Board of Education of the Elmsford Union Free School District
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 21, 1980
- **Citations:** 73 A.D.2d 949; 424 N.Y.S.2d 20; 1980 N.Y. App. Div. LEXIS 9867
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 8 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/5837802

## Opinion text

— In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent board of education to reinstate petitioner as a full-time tenured teacher in the Elmsford Union Free School District, nunc pro tunc, together with back salary, the appeal is from a judgment of the Supreme Court, Westchester County, entered February 15, 1979, which dismissed the proceeding, upon the ground that petitioner had failed to file a notice of claim. Judgment reversed, on the law, without costs or disbursements, and matter remitted to Special Term for a determination on the merits. Matter of Tadken v Board of Educ. ( 65 AD2d 820 , mot for lv to app den 46 NY2d 711 ) is dispositive of the current issue. The board’s reliance on Matter of Cordani v Board of Educ. ( 66 AD2d 780 ) is misplaced since that case involved a probationary teacher and the public interest in tenure rights was not involved. Lazer, J. P., Mangano, Cohalan and O’Connor, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5837802. Public record. Not legal advice.