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MTR. OF ANDERSON v. BD. OF EDUC.

46 A.D.2d 360 (1974)

In the Matter of Nedra Anderson et al., Respondents, v. Board of Education of the City of Yonkers et al., Appellants

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

December 30, 1974.

Attorney(s) appearing for the Case

Eugene J. Fox, Corporation Counsel (Robert E. Sapir of counsel), for appellants.

Eugene M. Kaufman (Paul H. Janis of counsel), for respondents.

Robert D. Stone (John P. Jehu and Lawrence W. Reich of counsel), for Ewald B. Nyquist, State Commissioner of Education, amicus curiae.

MARTUSCELLO and LATHAM, JJ., concur with GULOTTA, P. J.; SHAPIRO, J., dissents and votes to affirm the judgment, with an opinion, in which HOPKINS, J., concurs.

GULOTTA, P. J.

This is an appeal from a judgment of the Supreme Court, Westchester County, entered in a proceeding pursuant to article 78 of the CPLR, which (1) granted the petition to annul a determination of appellant Board of Education terminating the petitioners' employment and (2) remitted the matter to the board for review pursuant to section 3031 of the Education Law.

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