JAMES v. BD. OF EDUC. OF CENT. SCH. DIST. NO. 1 OF THE TOWNS OF ORANGETOWN & CLARKSTOWN


37 N.Y.2d 891 (1975)

Morris James et al., Appellants, v. Board of Education of Central School District No. 1 of the Towns of Orangetown and Clarkstown et al., Respondents.

Court of Appeals of the State of New York.

Decided October 28, 1975.


Attorney(s) appearing for the Case

Jacob Mendelson for appellants.

Joseph F. Romano and Raymond G. Icobelli for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge COOKE dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs in another separate opinion.


MEMORANDUM.

A board of education has an unfettered right to terminate the employment of a teacher during his probationary period, unless the teacher establishes that the board terminated for a constitutionally impermissible purpose or in violation of statutory proscription. We find nothing in this record to support any contention that the refusal here to renew appellant's contract was for a constitutionally impermissible...

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