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  5. 37 N.Y.2d 839 (1975)
 

SCHERMAN v. BD. OF EDUC. OF SCH. DIST. NO. 1, TOWN OF HEMPSTEAD

37 N.Y.2d 839 (1975)

Norman B. Scherman, Respondent, v. Board of Education of School District No. 1, Town of Hempstead, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 17, 1975.

Attorney(s) appearing for the Case

Gilbert Henoch for appellant.

Max Goldweber for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Appellant Board of Education took formal action to terminate respondent's employment as superintendent on June 22, 1972. An appeal was promptly taken to the Commissioner of Education. On June 28 the commissioner made an interim order directing the board to reinstate respondent pending determination of the appeal. On September 6, 1972 the commissioner...

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