MATTER OF BLUM v. BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF NEW YORK


39 N.Y.2d 984 (1976)

In the Matter of Martin Blum et al., Appellants, v. Board of Education of the City School District of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 6, 1976.


Attorney(s) appearing for the Case

Jerome Tauber and I. Philip Sipser for appellants.

W. Bernard Richland, Corporation Counsel (Diane R. Eisner, L. Kevin Sheridan and Joseph F. Bruno of counsel), for respondent.

Robert D. Stone and Lawrence W. Reich for Ewald B. Nyquist, Commissioner of Education of the State of New York, amicus curiae.

Danny Ezra Greenblatt, amicus curiae.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed, on so much of the memorandum thereat as states that the Board of Education acted properly in terminating the employment of these petitioners. With respect to the concluding two sentences of that memorandum it should be noted that, in a decision rendered simultaneously with this, we have reversed the Appellate Division's order in Steele v Board of Educ...

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