MATTER OF BERGSTEIN v. BD. OF EDUC.


34 N.Y.2d 318 (1974)

In the Matter of Leonard Bergstein et al., Respondents, v. Board of Education, Union Free School District No. 1 of the Towns of Ossining, New Castle and Yorktown, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1974.


Attorney(s) appearing for the Case

Arnold B. Green for appellant.

Stephen A. Perelson and Eugene M. Kaufman for respondent.

Bernard T. McGivern for The New York State School Boards Association, Inc., amicus curiae.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and STEVENS concur; Judge RABIN taking no part.


JASEN, J.

This appeal involves the question of whether petitioner, a probationary teacher, established a prima facie case that tenure was denied him in violation of his constitutional rights of freedom of speech and association.

Petitioner, Leonard Bergstein, was hired by respondent Ossining School Board in June, 1968, as a probationary teacher, to teach a social studies course. He remained in that untenured...

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