# Weisbarth v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · June 2, 1980 · 76 A.D.2d 841

URL: https://www.frixlaw.com/law-library/cases/5841192

## Case

- **Full name:** In the Matter of Harriet Weisbarth v. Board of Education of East Meadow Union Free School District
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 2, 1980
- **Citations:** 76 A.D.2d 841; 428 N.Y.S.2d 324; 1980 N.Y. App. Div. LEXIS 11891
- **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/5841192

## Opinion text

In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent board of education to reinstate petitioner as a tenured teacher in the East Meadow Union Free School District, with back pay, petitioner appeals from a judgment of the Supreme Court, Nassau County, entered July 24, 1979, which dismissed the proceeding on the ground that petitioner failed to serve a notice of claim upon respondents in accordance with section 3813 of the Education Law. Judgment reversed, on the law, with $50 costs and disbursements, and proceeding remitted to Special Term for a determination on the merits. Section 3813 of the Education Law is not applicable since petitioner seeks enforcement of tenure rights, a matter of public interest (see Matter of Tadken v Board of Educ., 65 AD2d 820 , mot *842 for lv to app den 46 NY2d 711 ; Matter of Gross v Board of Educ., 73 AD2d 949 ). Titone, J. P., Mangano, Margett and Martuscello, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5841192. Public record. Not legal advice.