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  5. 35 N.Y.2d 272 (1974)
 

MTR. LEZETTE v. BD. OF EDUC., HUDSON

35 N.Y.2d 272 (1974)

In the Matter of Cherie Lezette, Respondent, v. Board of Education, Hudson City School District, Appellant.

Court of Appeals of the State of New York.

Decided October 8, 1974.

Attorney(s) appearing for the Case

John M. Donoghue for appellant.

James R. Sandner and Bernard F. Ashe for respondent.

Joseph D. Quinn, Jr. for the Board of Education of the City School District of the City of Poughkeepsie, amicus curiae.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur with Judge WITMER.

WITMER, J.

The principal issue presented on this appeal is whether petitioner, a probationary elementary school teacher whose position was abolished by respondent board of education, is entitled to continued employment by the board and to back salary and incidental benefits.

The essential facts are not in dispute. In January, 1971 petitioner was employed by respondent board as a substitute kindergarten...

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