MTR. OF FEINBERG v. BD. OF EDUC.


74 Misc.2d 371 (1973)

In the Matter of Norman Feinberg, Petitioner, v. Board of Education of the City of New York et al., Respondents.

Supreme Court, Special Term, Kings County.

June 5, 1973


Attorney(s) appearing for the Case

Eugene Kaufman for petitioner. Norman Redlich, Corporation Counsel, for respondents.


SIMON J. LIEBOWITZ, J.

In this article 78 proceeding, petitioner seeks a judgment declaring that respondents' withholding of compensation from petitioner for 30 days of his employment as a substitute teacher to be illegal, arbitrary and capricious. Respondents claim that the withholding represents recoupment of alleged overpayments mistakenly made in the form of vacation pay to which petitioner was not entitled. Respondents, prior to answer, move to dismiss...

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