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MTR. OF CITY SCH. DIST., POUGHKEEPSIE

35 N.Y.2d 599 (1974)

In the Matter of the Arbitration between City School District of the City of Poughkeepsie, Appellant, and Poughkeepsie Public School Teachers Association, Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

Lloyd L. Rosenthall and Joseph D. Quinn, Jr. for appellant.

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

Judges GABRIELLI, WACHTLER, RABIN and STEVENS concur with Judge JONES; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL concurs.

JONES, J.

In the somewhat unusual circumstances of this case we hold that parallel procedures, each designed to challenge the refusal of a school district to appoint a teacher to a specified position, may go forward concurrently — the one, appeal to the Commissioner of Education at the instance of the teacher, and the other, resort to contract grievance procedures, including arbitration, at the instance...

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