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  5. 38 N.Y.2d 897 (1976)
 

MATTER OF ANDERSON v. BD. OF EDUC. OF THE CITY OF YONKERS

38 N.Y.2d 897 (1976)

In the Matter of Nedra Anderson et al., Appellants, v. Board of Education of the City of Yonkers et al., Respondents.

Court of Appeals of the State of New York.

Decided February 17, 1976.

Attorney(s) appearing for the Case

Eugene M. Kaufman for appellants.

Robert E. Sapir and Eugene J. Fox for respondents.

Robert D. Stone and Lawrence W. Reich for Ewald B. Nyquist, Commissioner of Education of the State of New York, amicus curiae.

Chief Judge BREITEL and Judges JASEN, JONES and WACHTLER concur in Per Curiam opinion; Judge GABRIELLI dissents and votes to reverse in a separate opinion in which Judges FUCHSBERG and COOKE concur.

Per Curiam:

We affirm on the opinion of Presiding Justice FRANK A. GULOTTA at the Appellate Division, adding emphasis to two considerations which he identifies.

It is not disputed that prior to the 1972 amendment of section 3031 of the Education Law for sound reasons of educational policy the grant of tenure to any individual teacher depended on the concurrence of the superintendent of schools (generally representing...

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