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ROSLYN SCH DIST v. NYQUIST

90 Misc.2d 955 (1977)

In the Matter of The Board of Education of Roslyn Union Free School District, Petitioner, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

May 6, 1977

Attorney(s) appearing for the Case

Daiker, D'Elia, Turtletaub & Cantino (Bertram B. Daiker of counsel), for petitioner. Robert D. Stone and Norman H. Gross for Ewald B. Nyquist, respondent. Hinman, Straub, Pigors & Manning for Viviam Doremus, respondent.

GEORGE L. COBB, J.

In this article 78 proceeding, the board of education of a union free school district challenges the determination of the respondent Commissioner of Education that, when the petitioner district eliminated one position of elementary school principal, the respondent Doremus, rather than the respondent Fenton, should have been retained in her employment.

The respondent Doremus was appointed a full-time elementary

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