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Kornit v. Board of Education of Plainview-Old Bethpage Central School District

decided: April 8, 1982.

HARVEY S. KORNIT, APPELLANT,
v.
BOARD OF EDUCATION OF THE PLAINVIEW-OLD BETHPAGE CENTRAL SCHOOL DISTRICT, NEW YORK, APPELLEE.



Appeal from a judgment of the United States District Court for the Eastern District of New York, George C. Pratt, J., dismissing Kornit's complaint. Judgment affirmed.

Before Feinberg, Chief Judge, and Mansfield and Oakes, Circuit Judges.

Author: Per Curiam

Plaintiff Harvey S. Kornit appeals pro se from a memorandum and order dated October 23, 1981 by George C. Pratt, J. of the United States District Court for the Eastern District of New York. Judge Pratt's decision dismissed appellant's complaint, which sought injunctive relief against defendant Board of Education of the Plainview-Old Bethpage Central School District, New York for alleged violations of Title III of the Consumer Credit Act, 15 U.S.C. §§ 1671-1677. Appellant, a public school teacher, challenges the deduction of two days' wages for his participation in an illegal strike under New York State's Taylor Law, N.Y.Civ.Serv.Law §§ 200-214 (McKinney 1973 & Supp. 1981-1982).*fn1 He contends that this deduction constitutes an impermissible garnishment under Title III. Appellant invoked federal jurisdiction under 28 U.S.C. § 1343(3) and 42 U.S.C. § 1983.

We affirm for the reasons set forth in Judge Pratt's decision, which is reported at ...


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