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Matter of Marland v. Ambach

Court of Appeals of the State of New York
May 5, 1983
59 N.Y.2d 711 (N.Y. 1983)

Summary

finding it "obvious" that a retirement made in the face of pension loss is involuntary and made under duress

Summary of this case from Winston v. City of New York

Opinion

Decided May 5, 1983

Appeal from the Supreme Court, Albany County, EDWARD S. CONWAY, J.

Frederick A.O. Schwarz, Jr., Corporation Counsel ( Marvin R. Kwartler of counsel), for appellant.

John G. Lipsett for respondent.



MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs, for the reasons stated in the opinion of Justice ANN T. MIKOLL at the Appellate Division ( 79 A.D.2d 48).

We would only add that because there is sufficient evidence in the record to support the factual determination that petitioner's retirement was involuntary, the issue is beyond our power to review. (CPLR 5501, subd [b]; Cohen and Karger, Powers of the New York Court of Appeals [rev ed], § 108, pp 452-455; see, also, Schubtex, Inc. v Allen Snyder, Inc., 49 N.Y.2d 1, 5.) Additionally, with respect to the issue of back pay, contrary to respondents' assertions, there is no rule prohibiting the courts from awarding back pay to a probationary teacher, such as petitioner, who has been denied contractual procedural rights affecting her ability to contest her discharge from employment. (See Ricca v Board of Educ., 47 N.Y.2d 385, 394.) Under the circumstances present here, the award of back pay was proper.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.


Summaries of

Matter of Marland v. Ambach

Court of Appeals of the State of New York
May 5, 1983
59 N.Y.2d 711 (N.Y. 1983)

finding it "obvious" that a retirement made in the face of pension loss is involuntary and made under duress

Summary of this case from Winston v. City of New York
Case details for

Matter of Marland v. Ambach

Case Details

Full title:In the Matter of PAMELA MARLAND, Respondent, v. GORDON AMBACH, as…

Court:Court of Appeals of the State of New York

Date published: May 5, 1983

Citations

59 N.Y.2d 711 (N.Y. 1983)
463 N.Y.S.2d 422
450 N.E.2d 228

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