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  5. 50 N.Y.2d 879 (1980)
 

DINERSTEIN v. BD. OF EDUC. OF THE CITY OF NEW YORK

50 N.Y.2d 879 (1980)

Morton Dinerstein et al., Petitioners, and Craig Small, Appellant, v. Board of Education of the City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 5, 1980.

Attorney(s) appearing for the Case

Paul Henry Janis and James R. Sandner for appellant.

Allen G. Schwartz, Corporation Counsel (Stephen J. McGrath and Ronald E. Sternberg of counsel), for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated.

Special Term correctly determined that petitioner, laid off from his tenured position in the license area of teaching the homebound, was entitled to revert to his former license area of teaching earth science in day high schools. Respondent improperly denied the application on the ground that...

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