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MATTER OF LINFIELD v. NYQUIST

48 N.Y.2d 1005 (1980)

In the Matter of Esther Linfield, Appellant, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided January 10, 1980.

Attorney(s) appearing for the Case

Murray A. Gordon and Joan Stern Kiok for appellant.

James H. Whitney, Robert D. Stone, Jean M. Coon and John T. Feck for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judge MEYER dissents and votes to modify in a separate opinion in which Judge FUCHSBERG concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner's sole contention on this appeal is that the penalty of dismissal from her position as a tenured high school teacher is excessive. However, in light of the affirmed findings of incompetent and inefficient service in this case, we cannot say, as a matter of law, that the sanction...

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