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NYC BD. OF EDUC. v. BATISTA

54 N.Y.2d 379 (1981)

In the Matter of New York City Board of Education, Community School Dist. No. 1 et al., Respondents, v. Roberto Batista et al., Appellants. In the Matter of New York City Board of Education, Community School Dist. No. 1 et al., Respondents, v. Theodore Fletcher et al., Appellants.

Court of Appeals of the State of New York.

Decided November 24, 1981.

Attorney(s) appearing for the Case

Joseph Peter Flemming, Kenneth Kimerling and Margarita Rosa for Roberto Batista and Theodore Fletcher, appellants.

Elaine Berger and Ann Thacher Anderson for State Division of Human Rights, appellant.

Allen G. Schwartz, Corporation Counsel (Carol R. Abramson, Leonard Koerner and Judith A. Levitt of counsel), for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Chief Judge COOKE.

These cases involve the claims of two public school administrators that they were removed from their positions for racially discriminatory reasons. Roberto Batista, a native of Puerto Rico, and Theodore Fletcher, who is black, were removed by respondents in 1974 from their positions as interim acting principals in Community School District No. 1 in New York City. The State Division of Human...

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