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MTR OF MORITZ v. BD OF EDUC.

60 A.D.2d 161 (1977)

In the Matter of Margaret Moritz, Petitioner, v. Board of Education of the Gowanda Central School District et al., Respondents

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

December 16, 1977

Attorney(s) appearing for the Case

Bernard F. Ashe (Emanuel Tabachnick of counsel), for petitioner.

Cash & Lippert, P. C. (J. Richard Lippert, II, of counsel), for Barbara Lewandowski, respondent.

Roger E. Pyle for board of education and others, respondents.

MOULE, J. P., and CARDAMONE, J., concur with SIMONS, J.; HANCOCK, JR., J., dissents and votes to confirm the determination in an opinion.

SIMONS, J.

Petitioner brings this article 78 proceeding challenging the action of respondent Board of Education in terminating her service as a teacher in the Gowanda Central School District. She seeks reinstatement as a tenured employee with back pay and full benefits from March 1, 1976 to the present. On June 9, 1976 petitioner was elected to the Board of Education of the Gowanda Central School District. She...

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