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  5. 40 N.Y.2d 1021 (1976)
 

MATTER OF STATE DIV. OF HUMAN RIGHTS v. BD. OF EDUC., DRAPER SCH. DIST., TOWN OF ROTTERDAM

40 N.Y.2d 1021 (1976)

In the Matter of State Division of Human Rights, Appellant, v. Board of Education, Draper School District, Town of Rotterdam, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1976.

Attorney(s) appearing for the Case

Ann Thacher Anderson and Beverly Gross for appellant.

Joseph J. Buchyn for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The collective bargaining agreement between the Board of Education and the teachers association had adopted the preexisting policy of the board with respect to maternity leaves. Under that policy a pregnant teacher was obliged to take maternity leave beginning no later than the end of the sixth month of pregnancy and ending at the beginning of the...

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