BEVAN v. TEACHERS' RET. SYS.


44 A.D.2d 163 (1974)

Bruce C. Bevan, Respondent, v. New York State Teachers' Retirement System et al., Respondents, and Board of Education of the City School District of the City of Poughkeepsie, Appellant

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

April 11, 1974.


Attorney(s) appearing for the Case

Joseph D. Quinn, Jr., for appellant.

Bernard F. Ashe (James R. Sandner of counsel), for Bruce C. Bevan, respondent.

HERLIHY, P. J., STALEY, JR., and SWEENEY, JJ., concur; COOKE, J., concurs in a separate opinion.


KANE, J.

This is an appeal from a judgment and order of the Supreme Court at Special Term, entered on September 5, 1973 in Albany County which: (1) granted summary judgment in favor of plaintiff declaring a portion of subdivision 1 of section 511 of the Education Law unconstitutional; (2) ordered plaintiff's reinstatement as a tenured teacher with certain back pay and benefits; and (3) denied defendant's cross...

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