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  5. 42 N.Y.2d 815 (1977)
 

BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF LOCKPORT v. LICATA

42 N.Y.2d 815 (1977)

Board of Education of the City School District of the City of Lockport, Appellant, v. Peter J. Licata, Respondent.

Court of Appeals of the State of New York.

Decided May 12, 1977.

Attorney(s) appearing for the Case

Anthony L. Pusateri for appellant.

Gordon Gannon, Jr., for respondent.

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

MEMORANDUM.

The rules and regulations of plaintiff board of education, which have the force of law unless in conflict with statute (Education Law, § 2503; Matter of Stone v Gross, 25 A.D.2d 753, affd 19 N.Y.2d 675), permit military leaves at any time during the school year if "such training and participation cannot be arranged during periods...

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