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  5. 19 N.Y.2d 680 (1967)
 

MATTER OF TESSIER v. BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 5, TOWN OF HEMPSTEAD

19 N.Y.2d 680 (1967)

In the Matter of Joseph Tessier, Appellant, v. Board of Education of Union Free School District No. 5, Town of Hempstead, Respondent.

Court of Appeals of the State of New York.

Decided February 21, 1967.

Attorney(s) appearing for the Case

Ernest Fleischman for appellant.

Le Roy Van Nostrand, Jr., for respondent.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BERGAN and KEATING. Judge BREITEL dissents and votes to affirm in the following opinion in which Judges BURKE and SCILEPPI concur.

Order of Appellate Division reversed and determination of the Board of Education annulled, without costs, upon the dissenting opinion at the Appellate Division and matter remitted to the board for further proceedings in accordance with that opinion.

BREITEL, J. (dissenting).

Absent the power constitutionally to review the weight of evidence, this court should affirm the order of the Appellate Division. That court, although referring expressly...

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