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  5. 47 N.Y.2d 913 (1979)
 

MATTER OF SARRO v. NEW YORK CITY BD. OF EDUC.

47 N.Y.2d 913 (1979)

In the Matter of Thomas P. Sarro, Respondent, v. New York City Board of Education et al., Appellants.

Court of Appeals of the State of New York.

Decided June 26, 1979.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Paul T. Rephen and L. Kevin Sheridan of counsel), for appellants.

Sam Resnicoff, Gordon Schectman, Murray A. Gordon and Henry T. Berger for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge MEYER concurs on constraint of Matter of Pell v Board of Educ. ().

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, the determination of the board of education confirmed and the petition dismissed.

It was error for the Appellate Division to have reduced the suspension imposed by the board of education from five to three years (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 234; Matter of Bott v Board...

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