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MTR. OF LEGGIO v. OGLESBY

69 A.D.2d 446 (1979)

In the Matter of Rose M. Leggio, Respondent, v. Walf H. Oglesby, as Superintendent of Schools, et al., Appellants

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

August 6, 1979

Attorney(s) appearing for the Case

George W. Lipp, Jr., for appellants.

James R. Sandner (Thomas C. Greble of counsel), for respondent.

RABIN, J. P., GULOTTA and MARTUSCELLO, JJ., concur in Per Curiam opinion; MARGETT, J., dissents and votes to reverse the judgment and dismiss the proceeding on the merits, with an opinion.

Per Curiam.

In this proceeding pursuant to CPLR article 78, petitioner seeks to compel her reinstatement to the position of remedial reading teacher. Special Term directed appellants to reinstate petitioner. We agree and therefore affirm the judgment.

Section 2510 of the Education Law generally focuses on two major aspects of abolishing a position in a school system: (1) which employee should be terminated...

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