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MATTER OF BAER v. NYQUIST

34 N.Y.2d 291 (1974)

In the Matter of Thomas Baer, Respondent, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1974.

Attorney(s) appearing for the Case

Lawrence W. Reich, Robert D. Stone and John P. Jehu for appellant.

Stephen A. Perelson and Eugene M. Kaufman for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

Chief Judge BREITEL.

The Commissioner of Education appeals in an article 78 proceeding brought by a junior high school teacher to obtain recognition of his tenure. Special Term and the Appellate Division had determined the proceeding in the teacher's favor. The principal issue is whether local school districts may limit, in their discretion, the teaching areas in which...

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