# Pulver v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · March 2, 1981 · 80 A.D.2d 833

URL: https://www.frixlaw.com/law-library/cases/5846361

## Case

- **Full name:** In the Matter of Carol Pulver v. Board of Education, Farmingdale Union Free School District
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 2, 1981
- **Citations:** 80 A.D.2d 833; 436 N.Y.S.2d 340; 1981 N.Y. App. Div. LEXIS 10651
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 5 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/5846361

## Opinion text

In a proceeding pursuant to CPLR article 78, inter alia, to compel the respondent board of education to reinstate petitioner to a position as a senior high school foreign language teacher, pursuant to subdivision 3 of section 2510 of the Education Law, the petitioner appeals from a judgment of the Supreme Court, Nassau County, dated July 2, 1980, which dismissed the proceeding upon the ground that petitioner had failed to file a notice of claim. Judgment reversed, with $50 costs and disbursements, arid matter remitted to Special Term for a determination on the merits. The notice of claim requirement in section 3813 of the Education Law does not apply to a proceeding in which the vindication of the public interest is sought in the enforcement of tenure rights (see Matter of Gross v Board of Educ., 73 AD2d 949 ; Matter of Tadken v Board of Educ., 65 AD2d 820 , mot for lv to app den 46 NY2d 711 ). The concept of tenure rights includes the reinstatement provisions of section *834 2510 of the Education Law (cf. Matter of Silver v Board of Educ., 46 AD2d 427 ). Mangano, J.P., Cohalan, O’Connor and Weinstein, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5846361. Public record. Not legal advice.