STEELE v. BD. OF EDUC.


40 N.Y.2d 456 (1976)

Bernice Steele, Individually and on Behalf of All Others Similarly Situated, Respondent, v. Board of Education of the City of New York, Appellant. In the Matter of Phyllis Gerstein et al., Respondents, v. Board of Education of the City of New York, Appellant. In the Matter of May Fisher et al., Respondents, v. Board of Education of the City School District of the City of New York, Appellant. In the Matter of Genevieve Marino et al., Respondents, v. Board of Education of the City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided July 6, 1976.


Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Diane R. Eisner, L. Kevin Sheridan and Joseph F. Bruno of counsel), for appellant in the first, second, third and fourth above-entitled proceedings.

Spencer Steele for respondent in the first above-entitled proceeding.

Robert D. Stone and Lawrence W. Reich for Ewald B. Nyquist, amicus curiae.

Eugene J. Fox and William N. Carroll for Board of Education of Yonkers City School District, amicus curiae.

A. Michael Weber and James R. Sandner for respondents in the second above-entitled proceeding.

Jerome Tauber, I. Philip Sipser and Marianna O'Dwyer for respondents in the third above-entitled proceeding.

Morris Weissberg and Robert J. Krengel for respondents in the fourth above-entitled proceeding.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and COOKE concur with Judge JASEN; Judge FUCHSBERG concurs in part and dissents in part and votes to modify by granting petition in part in a separate opinion.


JASEN, J.

In these four appeals, most of the 27 named petitioners are elementary school guidance counselors who were discharged from employment by the Board of Education of the City of New York prior to the commencement of the 1975-1976 school year. Each of them sought an order directing the board, inter alia, to revise its seniority formula and to reinstate...

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