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MTR. OF BALI v. BD. OF EDUC.

68 A.D.2d 360 (1979)

In the Matter of Elizabeth Bali, Appellant, v. Board of Education of the Utica City School District et al., Respondents

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

June 1, 1979

Attorney(s) appearing for the Case

Bernard F. Ashe (Susan Topper of counsel), for appellant.

Kenneth P. Ray, P. C. (Anthony J. La Fache and Robert Cassalia of counsel), for respondents.

CALLAHAN and WITMER, JJ., concur with HANCOCK, JR., J.; CARDAMONE, J. P., and SIMONS, J., dissent in part in an opinion by SIMONS, J.

HANCOCK, JR., J.

Petitioner-appellant's article 78 proceeding presents a novel legal question: whether a board of education may lawfully suspend a permanently certified, tenured teacher without pay pending the determination of Education Law (§ 3020-a) disciplinary proceedings arising from the teacher's failure to obtain certification in her assigned teaching area.

Petitioner had been continuously...

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