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  5. 44 N.Y.2d 943 (1978)
 

MATTER OF STRONGIN v. NYQUIST

44 N.Y.2d 943 (1978)

In the Matter of Jeanette P. Strongin, Respondent, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 15, 1978.

Attorney(s) appearing for the Case

Louis H. J. Welch and Robert D. Stone for Commissioner of Education, appellant.

Joseph R. Zibelli for Board of Education and another, appellants.

Eugene M. Kaufman for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the judgment of Special Term reinstated, without prejudice to an application by petitioner for back pay for the period of suspension to the time of discharge (see Matter of Bott v Board of Educ., 41 N.Y.2d 265, 269; Matter of Meliti v Nyquist, 41 N.Y.2d 183

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