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MATTER OF WORLEY v. ALLEN

12 A.D.2d 411 (1961)

In the Matter of James R. Worley, Petitioner, v. James E. Allen, Jr., as Commissioner of Education of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 28, 1961.

Attorney(s) appearing for the Case

Robert P. Brisson for petitioner.

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for Commissioner of Education, respondent.

Parker, Duryee, Benjamin, Zunino & Malone (Robert M. Benjamin and Raymond A. Carter of counsel), for Board of Education of Central School District No. 2, respondent.

Benjamin Mazen for United Federation of Teachers, amicus curiæ.

COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.

BERGAN, P. J.

Petitioner is a competent, and perhaps inspired, teacher of English who was employed at the Fox Lane Senior High School of the Bedford Central School District in Westchester County.

Because he refused to accede to administrative rules promulgated by his superiors which he regards as inept and unfitting, as well as unauthorized, but which the appropriate education authorities, including the...

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