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BD. OF EDUC. v. NYQUIST

59 A.D.2d 76 (1977)

In the Matter of The Board of Education of the City School District of the City of Oneida, Respondent, v. Ewald B. Nyquist, as Commissioner of Education of The State of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 4, 1977

Attorney(s) appearing for the Case

Robert Stone (Norman H. Gross of counsel), for Ewald B. Nyquist, appellant.

Bernard F. Ashe (Gerard John De Wolf of counsel), for Mary Lou Durr, appellant.

Santry, Nemeti & McDermott (Robert F. McDermott of counsel), for respondent.

MAHONEY, MAIN and HERLIHY, JJ., concur with LARKIN, J.; GREENBLOTT, J. P., dissents and votes to reverse in an opinion.

LARKIN, J.

In January, 1972 Ms. Durr began teaching in the petitioner's school district in a position funded under the Emergency Employment Act of 1971 (EEA) (US Code, tit 42, § 4871 et seq., as amd by US Code, tit 29, § 841 et seq.), a Federal program designed to provide jobs during times of high unemployment. It appears from the record that at the time Ms. Durr assumed her duties there was no vacancy in the teaching staff and...

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