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MTR. OF BD. OF EDUC. v. NYQUIST

60 Misc.2d 99 (1969)

In the Matter of the Board of Education of the City of New York, Petitioner, v. Ewald B. Nyquist, as Acting Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

June 16, 1969

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel, for petitioner. Eugene M. Kaufman for Ann Nuzzi, respondent. Robert D. Stone, John P. Jehu, Elizabeth M. Eastman and Donald O. Meserve for Commissioner of Education, respondent.

T. PAUL KANE, J.

The sole question presented in this article 78 proceeding is whether or not a decision of the Acting Commissioner of Education that respondent Ann Nuzzi was serving as a regular substitute teacher for the 1966 Spring Term was purely arbitrary (Education Law, § 310). On the first day of the Spring Term she was assigned to the class of a regular teacher who had suffered a severe paralytic...

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