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MATTER OF MADISON v. GROSS

28 A.D.2d 523 (1967)

In the Matter of Alfreda Madison, Respondent, v. Calvin Gross, as Superintendent of Schools of the Board of Education of the City of New York, Appellant

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

May 18, 1967

Order, entered February 2, 1965, unanimously reversed and vacated, on the law, without costs or disbursements, and petition dismissed.

There was no direction for the retirement of the petitioner as a teacher and Matter of Munter v. Gross (42 Misc.2d 690), cited by Special Term, is not controlling. The direction by the Superintendent of Schools was that the petitioner take a leave of absence because she was "unfit for...

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