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TULLER v. CENT. DIST. NO. 1

40 N.Y.2d 487 (1976)

Linnie B. Tuller et al., Appellants-Respondents, v. Central School District No. 1 of the Towns of Conklin, Binghamton, Kirkwood and Vestal et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided July 13, 1976.

Attorney(s) appearing for the Case

Richard C. Heffern and Bernard F. Ashe for appellants-respondents.

Frank C. Shaw for respondents-appellants.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG; Judge COOKE dissents and votes to affirm on the opinion by Mr. Justice PAUL J. YESAWICH at Special Term.

FUCHSBERG, J.

These cross appeals involve a probationary period imposed by section 210 (subd 2, par [f]) of the Civil Service Law (commonly known as the Taylor Law) upon public school teachers because they had participated in an illegal strike.

The petitioners, two tenured teachers, participated in the strike against the respondent school district in October of 1972. As a result, by operation of law,...

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