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MATTER OF BD. OF EDUC. v. NYQUIST

31 N.Y.2d 468 (1973)

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

Court of Appeals of the State of New York.

Decided February 8, 1973.

Attorney(s) appearing for the Case

Lawrence W. Reich, Robert D. Stone and John P. Jehu for Ewald B. Nyquist, appellant.

Warren I. Susman for Adele W. Timpson, appellant.

Norman Redlich, Corporation Counsel (Nina G. Goldstein and Stanley Buchsbaum of counsel), for respondent.

Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER concur; Judge BREITEL taking no part.

Chief Judge FULD.

In this article 78 proceeding, petitioner-respondent Board of Education of the City of New York (hereafter called the Board) sought to annul the determination of respondent-appellant Commissioner of Education of the State of New York (hereafter referred to as the Commissioner), requiring the Board to give a permanent appointment as principal of day elementary school to respondent-appellant Adele...

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