AUERBACH v. BD. OF EDUC.


86 N.Y.2d 198 (1995)

654 N.E.2d 972

630 N.Y.S.2d 698

In the Matter of Arthur Auerbach, Respondent, v. Board of Education of the City School District of the City of New York et al., Appellants. In the Matter of Edward Aquilone, Respondent, v. Board of Education of the City School District of the City of New York et al., Appellants. In the Matter of Patricia Stryker, Respondent, v. Board of Education of the City School District of the City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided June 29, 1995.


Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (John Hogrogian and Pamela Seider Dolgow of counsel), for appellants in the first, second and third above-entitled proceedings.

Bruce K. Bryant, Brooklyn, for respondents in the first and second above-entitled proceedings.

Pryor, Cashman, Sherman & Flynn, New York City (Ronald H. Shechtman and Tina C. Kremenezky of counsel), for respondent in the third above-entitled proceeding.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


TITONE, J.

The question presented by these three appeals is whether Education Law § 3107, which governs the payment of accumulated sick leave upon separation for members of the Teachers' Retirement System, applies to members holding managerial and nonmanagerial titles alike. We conclude that it does under the statute's plain language, and affirm.

Respondent Board of Education of the City of New York...

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