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MTR OF MARLAND v. AMBACH

79 A.D.2d 48 (1981)

In the Matter of Pamela Marland, Respondent, v. Gordon M. Ambach, as Commissioner of Education of The State of New York, et al., Appellants

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

February 5, 1981

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Marvin R. Kwartler, Ronald E. Sternberg and Maureen F. Brennan of counsel), for Board of Education of the City School District of New York and another, appellants.

Boyd, Holbrook & Seward (John G. Lipsett of counsel), for respondent.

MAHONEY, P. J. and SWEENEY, J., concur with MIKOLL, J.; KANE and HERLIHY, JJ., dissent and vote to reverse in an opinion by HERLIHY, J.

MIKOLL, J.

The petitioner, a speech teacher in the New York City school system, was reduced for a year from tenured status to probationary status, pursuant to section 210 (subd 2, par [f]) of the Civil Service Law, for her participation in a teachers' strike in 1975. She was notified by the respondent Irving Anker (hereinafter Chancellor) that her probationary service as a teacher would be terminated as of November...

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