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FLANAGAN v. BD. OF EDUC.

47 N.Y.2d 613 (1979)

Peter C. Flanagan, Appellant, v. Board of Education, Commack Union Free School District, Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1979.

Attorney(s) appearing for the Case

David S. J. Neufeld and Douglas K. McNally for appellant.

Gerald Casper for respondent.

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

MEYER, J.

The issues on this appeal are whether plaintiff's failure to file a notice of claim pursuant to subdivision 1 of section 3813 of the Education Law bars his action to enjoin the termination of his position as a school principal and for damages for the breach of his contract; and if the action is not thus barred, whether section 2510 of the Education Law is to be read as terminating plaintiff's contract...

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