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MATTER OF MITCHELL v. BD. OF EDUC. OF THE GREAT NECK PUB. SCH.

40 N.Y.2d 904 (1976)

In the Matter of Ray F. Mitchell, Respondent, v. Board of Education of the Great Neck Public Schools et al., Appellants.

Court of Appeals of the State of New York.

Decided October 26, 1976.

Attorney(s) appearing for the Case

Bertam B. Daiker and Ronald J. Cantino for appellants.

James R. Sandner for respondent.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division is reversed and the determination of the Board of Education reinstated. Whether petitioner had tenure as a driver education teacher or not, he was, on this record, the least senior teacher of that subject in the respondent school district. His position having been abolished, his rights upon termination were those determined by subdivisions 2 and 3 of section 2510 of the Education...

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