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MATTER OF WARD v. NYQUIST

43 N.Y.2d 57 (1977)

In the Matter of Miriam Ward, Appellant, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 17, 1977.

Attorney(s) appearing for the Case

Jeffrey G. Plant for appellant.

Louis H. J. Welch and Robert D. Stone for Commissioner of Education, respondent.

Leonard W. Wagman and Mark A. Meyer for Board of Education, Harrison Central School District No. 1, respondent.

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

GABRIELLI, J.

In this article 78 proceeding the petitioner challenges a determination of the Commissioner of Education upholding a decision of the respondent board of education refusing to place the petitioner on the faculty of the Harrison Central School District. This case involves an interpretation of section 2510 of the Education Law dealing with the abolition of teaching positions and the concomitant rights...

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