Order affirmed, without costs. We agree with the Special Term's conclusion that the acceptance by respondents of petitioner Hoogerhyde's resignation barred this proceeding.
In any event, the conceded failure of respondents to observe and evaluate a probationary teacher in accordance with the terms of the agreement with the petitioner teachers' association does not confer any rights with regard to tenure upon such a teacher (cf. Matter of Pinto v. Wynstra, ...
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