# Kaufmann v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · September 29, 2000 · 275 A.D.2d 890

URL: https://www.frixlaw.com/law-library/cases/6057544

## Case

- **Full name:** In the Matter of Susan K. Kaufmann v. Board of Education, City School District of Rochester
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 29, 2000
- **Citations:** 275 A.D.2d 890; 714 N.Y.S.2d 923; 2000 N.Y. App. Div. LEXIS 9618
- **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/6057544

## Opinion text

—Judgment unanimously reversed on the law without costs, motion denied and petition reinstated. Memorandum: Supreme Court erred in granting the motion of respondent Board of Education, City School District of Rochester (School District), to dismiss the petition on the ground that petitioner failed to exhaust her remedies under the grievance procedures of the collective bargaining agreement. Petitioner does not allege that the School District violated her rights pursuant to the collective bargaining agreement, but alleges a violation of Education Law § 2585 (2). Therefore, it was not necessary for her to commence a grievance proceeding (see, Matter of Barrera v Frontier Cent. School Dist., 227 AD2d 890 ; see also, Matter of Marino v Board of Educ., 262 AD2d 321 ). (Appeal from Judgment of Supreme Court, Monroe County, Polito, J. — CPLR art 78.) Present— Pigott, Jr., P. J., Hayes, Wisner, Scudder and Balio, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6057544. Public record. Not legal advice.