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MTR. OF PARKER v. KOLB

62 A.D.2d 128 (1978)

In the Matter of John D. Parker et al., Appellants, v. Lawrence C. Kolb, as Commissioner of the Department of Mental Hygiene of The State of New York, et al., Respondents

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

May 11, 1978

Attorney(s) appearing for the Case

Morris Weissberg (Robert J. Krengel of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (William J. Kogan and Ruth Kessler Toch of counsel), for respondents.

MAHONEY, P. J., GREENBLOTT, KANE and MAIN, JJ., concur.

MIKOLL, J.

Petitioners are 8 of 36 employees of the Department of Mental Hygiene employed as teachers of mentally handicapped children (institution teachers) at the department's Queens Children's Psychiatric Center. They claim they perform the same functions as teachers of mentally handicapped children in schools throughout the State run by Boards of Cooperative Educational Services (BOCES) and local districts...

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