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MTR BD OF EDUC v. AMBACH

84 A.D.2d 55 (1981)

In the Matter of Board of Education of the Three Village Central Schools of the Towns of Brookhaven and Smithtown, Appellant, v. Gordan M. Ambach, as Commissioner of Education of The State of New York, et al., Respondents

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

December 31, 1981

Attorney(s) appearing for the Case

Pelletreau & Pelletreau (Vanessa M. Sheehan of counsel), for appellant.

Robert D. Stone (Frederick W. Burgess and Jean M. Coon of counsel), for Gordon M. Ambach, respondent.

James R. Sandner (Janis Levart Barquist of counsel), for Mary Jane Leichner, respondent.

SWEENEY, J. P., MAIN, MIKOLL and HERLIHY, JJ., concur.

YESAWICH, JR., J.

Because of her excessive and repeated absences, the Board of Education of the Three Village Central Schools (herein the board) charged respondent Mary Jane Leichner, a tenured teacher, with inefficiency and incompetency and sought to dismiss her. In October, 1978, a hearing panel found her guilty of the charges and, operating on the faulty assumption that the sick leave provision of the collective...

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