MATTER OF MESSANO v. BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 23, MASSAPEQUA


39 A.D.2d 579 (1972)

In the Matter of Ralph Messano et al., Respondents, v. Board of Education of Union Free School District No. 23, Massapequa, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 17, 1972


Judgment reversed, on the law, without costs, resolution confirmed and proceeding dismissed.

In our opinion, petitioners, whose applications for sabbatical leaves were granted prior to April 12, 1971, the effective date of subdivision 2 of section 82 of the Civil Service Law (L. 1971, ch. 124), had no existing and enforceable contractual right to such leaves on that date. We think that such a right would have arisen only out of the labor contract between the appellant...

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