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MATTER OF BOYD v. COLLINS

11 N.Y.2d 228 (1962)

In the Matter of Helen K. Boyd, Respondent, v. John Collins et al., Constituting the Board of Education of Central School District No. 1, Town of Indian Lake, Appellants.

Court of Appeals of the State of New York.

Decided April 26, 1962.

Attorney(s) appearing for the Case

John T. DeGraff, John R. Davison and John E. Holt-Harris, Jr., for appellants.

John W. MacDonald and Adam R. Palmer for respondent.

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

Judges FULD, VAN VOORHIS, BURKE and FOSTER concur with Chief Judge DESMOND; Judge DYE dissents in an opinion in which Judge FROESSEL concurs.

Chief Judge DESMOND.

The proceeding was brought by Helen K. Boyd, a teacher (or former teacher) in a central school district in Indian Lake, Hamilton County, N. Y., against the district school board to require the board to restore petitioner to her position on the payroll with full restoration of tenure rights, and with back pay. This appeal is by the board from a unanimous Appellate Division order which directed...

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