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Board of Education v. Farmingdale Classroom Teachers’ Association
New York Court of Appeals
343 N.E.2d 278 (1975)
Numerous teachers employed by the Board of Education of the Farmingdale Union Free School District (the school district) (plaintiff) were all absent on two successive days. The Public Employee Relations Board (PERB) charged the Farmingdale Classroom Teachers’ Association (the association) (defendant) with violating the law that prohibited public employees from engaging in a strike. The matter was scheduled for a hearing. The association’s attorney issued judicial subpoenas to 87 teachers requiring them to attend as witnesses on the first day of the hearing. The teachers all requested approval to be absent that day. The association refused the school district’s request to excuse most of the teachers from attending the hearing on the initial day or to stagger the teachers’ appearances. As a result, the district had to hire substitute teachers to replace the subpoenaed teachers. The school district sued the association for abuse of process, alleging that the association wrongfully and maliciously and with intent to injure and harass the school district issued 87 subpoenas knowing that all 87 teachers could not possibly testify on a single day. The trial court’s denial of the association’s motion to dismiss was affirmed. The association appealed.
Rule of Law
Holding and Reasoning (Wachtler, J.)
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