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BD. OF EDUC. v. DIV. OF HUMAN RIGHTS

42 A.D.2d 473 (1973)

In the Matter of Board of Education, Central School District No. 1, Towns of Conklin, Binghamton, Kirkwood and Vestal, Broome County, Respondent, v. State Division of Human Rights et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 8, 1973.

Attorney(s) appearing for the Case

Henry Spitz (Lawrence Kunin of counsel), for appellants.

Shaw, Esworthy, O'Brien & Crowley (Frank C. Shaw of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and REYNOLDS, JJ., concur.

KANE, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered April 6, 1973 in Broome County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to restrain the New York State Division of Human Rights from entertaining jurisdiction in a matter involving the dismissal of a probationary teacher pursuant to section 3012 (subd. 1, par. [a]) of the Education...

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