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MTR. OF BD. OF EDUC. v. ALLEN

14 A.D.2d 429 (1961)

In the Matter of The Board of Education of Central School District No. 2 of the Towns of Virgil, Harford, Lapeer and Cortlandville, Respondent, v. James E. Allen, Jr., as Commissioner of Education of The State of New York, Appellant

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

November 22, 1961.

Attorney(s) appearing for the Case

Charles A. Brind, John P. Jehu, Elizabeth M. Eastman and George B. Farrington for appellant.

Folmer, Ryan, Fenstermacher & Yesawich (Paul J. Yesawich, Jr., and Daniel F. Corey of counsel), for respondent.

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

BERGAN, P. J., GIBSON and TAYLOR, J., concur; COON, J., dissents and votes to affirm for the reasons stated in the opinion of Mr. Justice MacAFFER at Special Term. [.]

REYNOLDS, J.

In October of 1953 the kindergarten teacher of the Central School District No. 2 of the Towns of Virgil, Harford, Lapeer and Cortlandville, Cortland County, submitted her resignation effective November 25, 1953. The principal was unable to secure a new kindergarten teacher and so the fourth grade teacher, Dorothy Young Williams, who was also qualified to teach kindergarten, agreed to teach the kindergarten...

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