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MATTER OF ELSBERG v. MACCHIAROLA

80 A.D.2d 850 (1981)

In the Matter of Ted Elsberg, as President of the Council of Supervisors and Administrators of The City of New York, Local 1, American Federation of School Administrators, AFL-CIO, et al., Appellants, v. Frank Macchiarola, as Chancellor 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, Second Department.

March 9, 1981

Judgment affirmed, without costs or disbursements.

Although the instant proceeding is not barred by the doctrine of res judicata (see Brown v Lockwood, 76 A.D.2d 721, 740-741) the petition was nevertheless properly dismissed. Under the respondent board of education's by-laws the Chancellor is not required to inform petitioners as to why they were denied tenure. (By-laws of...

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