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WINSTON v. CITY OF NEW YORK

No. 82 Civ. 1847.

580 F.Supp. 1470 (1984)

Helen WINSTON, Harry Van Gorder and Natalie Vernon, Plaintiffs, v. The CITY OF NEW YORK, New York City Teachers' Retirement System, Board of Education of the City School District of the City of New York, Frank J. Macciarola, as Chancellor of the City School District of the City of New York, Board of Education of Community School District 3, Gordon M. Abach, as Commissioner of Education of New York State Department of Education, Defendants.

United States District Court, E.D. New York.

February 29, 1984.

Attorney(s) appearing for the Case

James R. Sandner, New York City, for plaintiffs; Richard E. Casagrande, Albany, N.Y., J. Christopher Meagher, New York City, of Counsel.

Antonia Levine, Corp. Counsel of City of New York, New York City, for City of New York.

Robert D. Stone, State Educ. Dept., Albany, Evelyn Tenenbaum, Asst. Atty. Gen. of N.Y., New York City, for state defendants.

MEMORANDUM AND ORDER

GLASSER, District Judge:

The plaintiffs in this suit are teachers presently or formerly employed by the defendant Board of Education of the City School District of the City of New York ("Board of Education"), or one of its component community school districts. They are challenging a provision of State law, codified in Section B20-38.0 of the New York City Administrative Code, that provides that New York public school teachers who are...

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