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SAG HARBOR SCH. v. HELSBY

54 A.D.2d 391 (1976)

Sag Harbor Union Free School District, Petitioner, v. Robert D. Helsby et al., Respondents

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

November 24, 1976

Attorney(s) appearing for the Case

Smith, Finkelstein, Lundberg, Baisley & Yakaboski (Francis J. Yakaboski of counsel), for Petitioner.

Martin L. Barr (Jerome Thier of counsel), for Robert D. Helsby and others, respondents.

Guazzo, Silagi, Craner & Perelson, P. C. (Stephen A. Perelson of counsel), for Gerard P. Geohringer and another, respondents.

James R. Sandner for Pierson Teachers Association, respondent.

SWEENEY, J. P., KANE and HERLIHY, JJ., concur with MAHONEY, J.; LARKIN, J., dissents and votes to annul in a separate opinion.

MAHONEY, J.

Gerard Goehringer and Frank Lizewski, probationary teachers in the Sag Harbor Union Free School District, were dismissed by the local board of education on June 30, 1974. The teachers and their collective bargaining representative, Pierson Teachers Association, filed an improper practice charge against the school district alleging that they had been discharged because of their participation in union...

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