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MTR. BOTT v. BD. OF EDUC.

41 N.Y.2d 265 (1977)

In the Matter of William Bott, Respondent, v. Board of Education, Deposit Central School District, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 1977.

Attorney(s) appearing for the Case

Kevin F. McDonough, Binghamton, for appellant.

Ivor R. Moskowitz and Bernard F. Ashe, Albany, for respondent.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and William J. Kogan of counsel), Albany, for the constitutionality of section 3020-a of the Education Law.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG; Judge COOKE dissents in part and votes to affirm in a separate memorandum.

FUCHSBERG, J.

In an article 78 proceeding, the Board of Education of Deposit Central School District appeals from a judgment which, while confirming so much of the determination of the board as sustained a charge of incompetence and professional misconduct lodged against the petitioner, a tenured teacher, annulled so much of it as sustained two charges relating to physical...

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