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MTR. OF BD. OF EDUC. v. ALLEN

52 Misc.2d 959 (1967)

In the Matter of the Board of Education of the City School District of the City of Poughkeepsie, Petitioner, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

February 14, 1967

Attorney(s) appearing for the Case

Lloyd L. Rosenthal for petitioner. Abraham S. Clayman for City School District Attorneys Association, amicus curiæ. Charles A. Brind, John P. Jehu, Elizabeth M. Eastman, Louis H. J. Welch, Joseph F. Gibbons and Lawrence W. Reich for respondent.

HAROLD E. KOREMAN, J.

In this proceeding pursuant to article 78 of the CPLR, petitioner, the Board of Education of the City of Poughkeepsie, New York, seeks to annul a determination made by respondent wherein he sustained the appeal of one Marlene Sperling from the action of petitioner denying her tenure as a teacher in petitioner's school system. Respondent has not interposed an answer but has filed objections...

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