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  5. 21 N.Y.2d 455 (1968)
 

MATTER OF MANNIX v. BD. OF EDUC.

21 N.Y.2d 455 (1968)

In the Matter of Mary R. Mannix, Respondent, v. Board of Education of the City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided February 22, 1968.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Peter J. Flanagan, Stanley Buchsbaum and John L. Loflin of counsel), for appellants.

Henry C. Woicik for respondent.

Chief Judge FULD and Judges BURKE and JASEN concur with Judge BERGAN; Judge KEATING dissents and votes to reverse in an opinion in which Judges SCILEPPI and BREITEL concur.

BERGAN, J.

The question presented by this appeal is the validity of conditions of additional qualification attached to the permanent appointment of a teacher who has served a satisfactory probationary period. After permanent appointment may a teacher be removed without a hearing and without charges of incompetency because all the preconditions have not been fulfilled?

The statute applicable to the City...

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