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MTR OF GREEN v. BD OF EDUC

77 A.D.2d 312 (1980)

In the Matter of Robert L. Green, Respondent, v. Board of Education of the City School District of New York et al., Appellants, and Community School Board No. 9 of the Board of Education of the City School District of the City of New York et al., Respondents

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

November 20, 1980

Attorney(s) appearing for the Case

Michael Gage of counsel (L. Kevin Sheridan with her on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for appellants.

Philip D. Tobin of counsel (Roy N. Watanabe, Lyn Diamond and Janet C. Neschis, with him on the brief; Cohn, Glickstein, Lurie, Ostrin, Lubell & Lubell, attorneys), for respondent.

MURPHY, P.J., KUPFERMAN, LUPIANO and YESAWICH, JJ., concur.

BIRNS, J.

In this CPLR article 78 proceeding, petitioner, a tenured civil servant employed by Community School District No. 9, seeks reinstatement to his position as District Business Officer within that district or to a similar position in the New York City education system, and salary retroactive to November 30, 1978.

Petitioner was appointed to that position by the community school board in October...

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