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VENES v. CMTY. SCH. BD

43 N.Y.2d 520 (1978)

In the Matter of Tillie Venes, Appellant, v. Community School Board of District 26 et al., Respondents.

Court of Appeals of the State of New York.

Decided February 14, 1978.

Attorney(s) appearing for the Case

A. Michael Weber, Thomas C. Greble and James R. Sandner for appellant.

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

In this case we are called upon to determine whether the doctrine of res judicata prevents a school board from reconsidering its prior determination not to dismiss a probationary employee. We hold that it does not.

The essential facts are undisputed. Petitioner was employed on a probationary basis as a licensed school secretary. She was assigned...

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