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MATTER OF BERGSTEIN v. BD. OF EDUC., UNION FREE SCH. DIST. NO. 1 OF THE TOWNS OF OSSINING, NEW CASTLE & YORKTOWN

42 A.D.2d 591 (1973)

In the Matter of Leonard Bergstein et al., Appellants, v. Board of Education, Union Free School District No. 1 of the Towns of Ossining, New Castle and Yorktown, Respondent

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

June 18, 1973

Judgment reversed, on the law, with costs, and proceeding remanded to Special Term for a new hearing and determination.

Petitioner Leonard Bergstein, a social studies teacher, alleged inter alia that he had been denied tenure and that his employment was terminated because of his exercise of his First Amendment rights. We are of the opinion that Special Term, in holding that the members of the Board of Education who voted against tenure for petitioner were not...

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