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ROY v. NORTH BRADDOCK SCHOOL DISTRICT (12/30/71)

decided: December 30, 1971.

ROY
v.
NORTH BRADDOCK SCHOOL DISTRICT



Appeal from the judgment of the Court of Common Pleas of Allegheny County, in case of Philip F. Roy v. School District of the Borough of North Braddock, No. 3167 of 1964.

COUNSEL

Joseph A. Del Sole, with him Van Ameringen and Girman & Del Sole, for appellant.

Saul Davis, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Rogers. Opinion by Judge Manderino. Judge Crumlish concurs in decision only.

Author: Manderino

[ 4 Pa. Commw. Page 238]

Phillip Roy was employed by the School District of the Borough of North Braddock as a teacher in 1948. Roy taught in the Borough's public school system until September of 1957, at which time he took a one-year

[ 4 Pa. Commw. Page 239]

    leave of absence to teach in the public schools of New Jersey. In September of 1958, Roy resumed his teaching position in the North Braddock school system and continued this position until June of 1962. In the spring of 1962, Roy requested a sabbatical leave of absence for the reason that he had been suffering from a worsening heart condition. Roy's request for a sabbatical leave was denied by the North Braddock School District.

Roy did not return to his teaching position in the Borough's public school system in September of 1962. This case arises from an action brought by Roy to recover the statutorily allowable compensation for a one year sabbatical leave of absence. Roy's action was brought in the Court of Common Pleas of Allegheny County, which found in his favor and allowed him compensation for a one year sabbatical leave. The School District filed exceptions to the order of the Common Pleas Court which were dismissed by order of the court on March 25, 1971. Judgment was entered in the Common Pleas Court on April 15, 1971 and the School District filed an appeal in this court on May 7, 1971.

The appellee, Roy, has filed a motion to quash the School District's appeal on the basis that the appeal was not timely filed. Section 502(a) of the Appellate Court Jurisdiction Act (Act of July 31, 1970, P.L. 673, Act No. 223, 17 P.S. 211.502(a)) states that "an appeal under this act from any order shall be filed within thirty days of its entry." In this case, judgment was not entered for Roy by the Court of Common Pleas of Allegheny County until April 15, 1971. The School District, having filed its appeal on May 7, 1971, was well within the applicable time limitations. Therefore, the motion to quash is denied.

We turn now to the merits. Roy's request for a sabbatical leave of absence was based on the provisions of

[ 4 Pa. Commw. Page 240]

    the Public School Code of 1949 (Act of March 10, 1949, P.L. 30, Art. XI, as amended, 24 P.S. 11-1166(a)). Section 11-1166(a) of the Public School Code, supra, states, in part, as follows: "Any person employed in the public school system of this Commonwealth who has completed ten (10) years of satisfactory service as a professional employee . . . or any other part of the public school system of the Commonwealth, shall be entitled to a leave of absence for restoration of health . . . or, at the discretion of the board of school directors, for other purposes. At least five consecutive years of such service ...


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