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BD OF EDUC. v. NIAGARA TEACHERS

54 A.D.2d 281 (1976)

Board of Education of Central School District No. 1 of Towns of Niagara, Wheatfield, Lewiston and Cambria, Appellant, v. Niagara Wheatfield Teachers Association et al., Respondents

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

November 12, 1976

Attorney(s) appearing for the Case

Richard C. Doherty for appellant.

Bernard F. Ashe (Emanuel Tabachnick of counsel), for respondents.

MARSH, P. J., MOULE, CARDAMONE and GOLDMAN, JJ., concur.

SIMONS, J.

On July 11, 1974 appellant's annual school budget for the year 1974-1975 was defeated by the electorate. Appellant directed its superintendent to revise the budget for resubmission to the voters and in doing so to abolish one nurse-teacher position (along with other economies). The revised budget was submitted to the voters and adopted. The abolished position was that held by respondent Bauman, the...

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