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MATTER OF CHAUVEL v. NYQUIST

43 N.Y.2d 48 (1977)

In the Matter of Beth Chauvel, Appellant, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 17, 1977.

Attorney(s) appearing for the Case

Rocco A. Solimando, Bernard F. Ashe and Richard C. Heffern for appellant.

Richard E. Clark for Board of Education of the Salmon River Central School District, respondent.

Judith M. Hecker, Robert D. Stone and Louis H. J. Welch for Commissioner of Education, respondent.

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

JONES, J.

This is another of the several cases which collectively describe the maze which must be followed by teachers and boards of education alike through the interrelated provisions of the Education Law when the board in a bona fide retrenchment program finds it necessary to reduce teaching faculty.

In June, 1972 the Salmon River Board of Education abolished the junior high school French program and...

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