Kaufmann v. Board of Education
Cases that cite this one
5 later published cases cite this decision.
- Matter of Buffalo Council of Supervisors & Adm'rs, Local 10 v. Cash (Appellate Division of the Supreme Court of New York 2019)
- BARHITE, DALE v. TOWN OF DEWITT (Appellate Division of the Supreme Court of New York 2016)
- Barhite v. Town of DeWitt (Appellate Division of the Supreme Court of New York 2016)
- Barhite v. Town of DeWitt (Appellate Division of the Supreme Court of New York 2016)
- Neumann v. Heyman (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.