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BD. OF EDUC. v. NYQUIST

48 N.Y.2d 97 (1979)

In the Matter of the Board of Education of the City of Rochester et al., Appellants, 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 October 18, 1979.

Attorney(s) appearing for the Case

Adam D. Kaufman and Michael B. Kirschen for appellants.

Judith M. Hecker, Robert D. Stone and Jean M. Coon for Ewald B. Nyquist, respondent.

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

FUCHSBERG, J.

In this article 78 proceeding, the petitioner Board of Education of the City of Rochester sought to vacate and annul a decision of the respondent Commissioner of Education determining that the payless suspension of a tenured teacher pending resolution of disciplinary charges against her violated section 3020-a of the Education Law.

On December 4, 1975, petitioner's superintendent of schools...

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