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MATTER OF COUNCIL v. DONOVAN

40 Misc.2d 744 (1963)

In the Matter of James Council, Petitioner, v. Bernard E. Donovan, as Acting Superintendent of Schools of the City of New York, et al., Respondents.

Supreme Court, Special Term, Kings County.

October 11, 1963

Attorney(s) appearing for the Case

Benjamin Mazen for petitioner. Leo A. Larkin, Corporation Counsel (Peter J. Flanagan and Joseph M. Callahan, Jr., of counsel), for respondents. Irving A. Thau for Workers Defense League, amicus curiæ. Bronstein & Bronstein for War Resistors League, amicus curiæ. Herman Adlerstein for Metropolitan Board of Conscientious Objectors, amicus curiæ. Nanette Dembitz for New York Civil Liberties Union, amicus curiæ.

M. HENRY MARTUSCELLO, J.

Petitioner in this article 78 proceeding challenges his dismissal as a substitute teacher and the cancellation of his substitute license, and seeks an order directing his reinstatement to the teaching position he formerly held and also reinstatement of his license.

Petitioner, an honorably discharged war veteran, was employed in October, 1962 at Junior High School 44, Borough...

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