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BD. OF EDUC v. LICATA

53 A.D.2d 207 (1976)

Board of Education of the City School District of the City of Lockport, Appellant, v. Peter J. Licata, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1976

Attorney(s) appearing for the Case

Andrews, Pusateri, Brandt, Shoemaker, Higgins & Roberson (Anthony Pusateri of counsel), for appellant.

Gannon & Gannon (Gordon Gannon of counsel), for respondent.

MOULE, J. P., CARDAMONE and MAHONEY, JJ., concur with DILLON, J.; SIMONS, J., dissents in an opinion and votes to grant summary judgment to plaintiff.

DILLON, J.

Defendant, a teacher in plaintiff's school district, requested a leave of absence for the last two weeks of the 1974 school year in order to commence a period of military service from June 10, 1974 to September 6, 1974. Despite plaintiff's denial of the request, defendant absented himself from his teaching responsibilities and reported to his temporary active duty station with the United States Marine Corps Reserves. Plaintiff appeals from...

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