MTR. OF JERRY v. BD. OF EDUC., SYRACUSE


35 N.Y.2d 534 (1974)

In the Matter of William Jerry, Respondent-Appellant, v. Board of Education of the City School District of the City of Syracuse et al., Appellants-Respondents, and Arnold T. Dettor, Respondent. Gary Goldin, Appellant-Respondent, v. Board of Education of Central School District No. 1, Towns of Brookhaven and Smithtown, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1974.


Attorney(s) appearing for the Case

Bernard F. Ashe and Ira Paul Rubtchinsky for respondent-appellant in the first above-entitled proceeding.

David W. Larrison for appellants-respondents in the first above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Jesse J. Fine and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law in the first above-entitled proceeding.

Frederic Block for appellant-respondent in the second above-entitled action.

Peter V. Snyder for respondent-appellant in the second above-entitled action.

Louis J. Lefkowitz, Attorney-General (Jesse J. Fine and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law in the second above-entitled action.

Judges GABRIELLI, WACHTLER and RABIN concur with Judge JONES; Chief Judge BREITEL and Judges JASEN and STEVENS dissent and vote to modify in accordance with their separate opinion.


JONES, J.

In the context of these two cases we hold that section 3020-a of the Education Law, as presently drafted, does not authorize suspension of a tenured teacher without pay.

In Jerry, after investigation and the filing of initial charges and confronted with continuing parent complaint, the Board of Education, finding probable cause for both the initial and additional charges, suspended a...

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