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MTR. HAZARD v. BD. OF EDUC., HORSEHEADS

16 A.D.2d 481 (1962)

In the Matter of Melvin G. Hazard, Respondent, v. Board of Education, Horseheads Central School District No. 1, Appellant

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

June 21, 1962.

Attorney(s) appearing for the Case

Cramer, Donovan, Graner & Davidson (Ralph S. Cramer of counsel), for appellant.

Personius, Marinan, Mustico & Sullivan (Thomas J. Sullivan of counsel), for respondent.

McGivern & Mills (Bernard T. McGivern of counsel), for New York State School Boards Association, Inc., amicus curiæ.

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

BERGAN, P. J., HERLIHY, REYNOLDS and TAYLOR, JJ., concur.

GIBSON, J.

Appeal is taken from an order of the Supreme Court at Special Term which, in a proceeding under article 78 of the Civil Practice Act, annulled the action of the respondent-appellant Board of Education denying tenure to petitioner in his position as a secondary education teacher and directed that he be reinstated therein, with tenure.

Petitioner was appointed to the position on July 1, 1957 for a probationary period of three years. By...

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