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La Barr v. Motoyama

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1973
42 A.D.2d 733 (N.Y. App. Div. 1973)

Opinion

July 9, 1973


In a proceeding pursuant to article 78 of the CPLR to review appellants' determination dated July 5, 1972, (1) denying petitioner tenure as a teacher in appellants' employ and (2) terminating his employment, the appeal is from a judgment of the Supreme Court, Nassau County, dated December 4, 1972, which annulled the determination, reinstated him, effective September 1, 1972, and directed that all moneys and salary due him from September 1, 1972 shall be paid to him on or before December 15, 1972, with interest from September 1, 1972. Judgment modified, on the law, by adding a decretal paragraph thereto permitting appellants to offset any moneys earned by petitioner during the period between the effective date of his discharge and the effective date of his reinstatement. As so modified, judgment affirmed, without costs, and matter remitted to Special Term for proceedings not inconsistent herewith. In our opinion, appellants are entitled to offset any moneys earned by petitioner during the period in which the termination of his employment was in effect. Rabin, P.J., Hopkins, Munder, Martuscello and Shapiro, JJ., concur.


Summaries of

La Barr v. Motoyama

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1973
42 A.D.2d 733 (N.Y. App. Div. 1973)
Case details for

La Barr v. Motoyama

Case Details

Full title:In the Matter of WILLIAM LA BARR, Respondent, v. GEORGE MOTOYAMA et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 9, 1973

Citations

42 A.D.2d 733 (N.Y. App. Div. 1973)