MATTER OF SCHWARTZ v. BD. OF EDUC. OF THE CENT. SCH. DIST. NO. 1, NORTH SALEM, SOMERS, CARMEL & SOUTHEAST


45 A.D.2d 1011 (1974)

In the Matter of Benjamin F. Schwartz, Respondent, v. Board of Education of the Central School District No. 1, North Salem, Somers, Carmel and Southeast et al., Appellants

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

July 29, 1974


No opinion.

Appeal from judgment of the same court, entered March 12, 1974, dismissed without costs, as academic.

Latham and Shapiro, JJ., concur in the dismissal of the appeal from the judgment, entered March 12, 1974, but dissent and vote to reverse the order entered April 12, 1974 on reargument and to dismiss the proceeding. Petitioner's written statement of his intention to retire at the close of the school year was in our opinion a written resignation...

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