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MATTER OF BECKER v. BD. OF EDUC.

9 N.Y.2d 111 (1961)

In the Matter of Frances Becker, Appellant, v. Board of Education of Middleburgh Central School District No. 1, of the Towns of Middleburgh, Fulton, Broome, Blenheim and Schoharie, Schoharie County, and Berne, Albany County, Respondent.

Court of Appeals of the State of New York.

Decided January 19, 1961.

Attorney(s) appearing for the Case

F. Walter Bliss and Francis J. Holloway for appellant.

John B. Bingham for respondent.

Charles A. Brind, John P. Jehu, Elizabeth M. Eastman and George B. Farrington for Commissioner of Education of the State of New York, amicus curiæ.

John E. Glenn for New York State Teachers Association, amicus curiæ.

Judges DYE, FULD and BURKE concur with Chief Judge DESMOND; Judge FROESSEL dissents in an opinion in which Judge VAN VOORHIS concurs; Judge FOSTER taking no part.

Chief Judge DESMOND.

By permission of the Appellate Division, Third Department, petitioner-appellant Frances Becker appeals here from a unanimous order of that court affirming a Special Term order.

This is a mandamus-type article 78 proceeding brought against the Middleburgh Central School District to compel that body to reinstate petitioner as a teacher and to grant her tenure. Respondent's position,...

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