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MTR. OF ROOT v. BD. OF EDUC.

59 A.D.2d 328 (1977)

In the Matter of John Root, Petitioner, v. Board of Education of the Fulton Consolidated School District et al., Respondents

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

November 14, 1977

Attorney(s) appearing for the Case

Bernard F. Ashe (Ira Paul Rubtchinsky of counsel), for petitioner.

Hancock, Estabrook, Ryan, Shove & Hust (William Allen of counsel), for respondents.

MARSH, P. J., MOULE and WITMER, JJ., concur; GOLDMAN, J., not participating.

DENMAN, J.

This is an article 78 proceeding, transferred to this court pursuant to CPLR 7804 (subd [g]) by order of Supreme Court, Oswego County, in which petitioner seeks to set aside an action of the respondent Board of Education terminating his employment.

Throughout the 1973-1974 school year petitioner, a high school English teacher, was cautioned by the department chairman, Mrs. Riess, on deficiencies...

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