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RICCA v. BD. OF EDUC

47 N.Y.2d 385 (1979)

Attilio Ricca, Appellant, v. Board of Education of the City School District of the City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 12, 1979.

Attorney(s) appearing for the Case

Milton Horowitz for appellant.

Allen G. Schwartz, Corporation Counsel (Maureen F. Brennan and Ronald E. Sternberg of counsel), for respondents.

Chief Judge COOKE and Judges JONES, WACHTLER and FUCHSBERG concur with Judge GABRIELLI; Judge JASEN dissents and votes to affirm in a separate opinion.

GABRIELLI, J.

We are called upon to determine whether a board of education may avoid proper application of State laws regulating the grant of tenure to teachers and effectively increase the period of probationary employment provided by law, by the simple expedient of delaying formal appointment of a qualified teacher to an available position which that teacher in fact already fills. We conclude that it may not...

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