MATTER OF WILLIAMS v. READ


27 N.Y.2d 577 (1970)

In the Matter of Charlotte B. Williams, Respondent, v. Lawrence F. Read, as Superintendent of Utica Schools, Appellant.

Court of Appeals of the State of New York.

Decided May 13, 1970.


Attorney(s) appearing for the Case

Don P. Murnane for appellant.

Roger H. Williams and Kevin B. Blaney for respondent.

James R. Sandner for New York State Teachers Association, amicus curiae.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Order reversed, without costs, and matter remitted to Special Term for further proceedings in accordance with the following memorandum: Neither Special Term nor the Appellate Division had the power to determine petitioner's right to sick leave on the basis of proof never presented to the Superintendent of Schools and on which he never had the opportunity to pass. The responsibility to make the determination, in any event, was solely...

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