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FAVILLE v. BD. OF EDUC.

116 Misc.2d 70 (1982)

Dain F. Faville, Petitioner, v. Board of Education, Poland Central School District, Respondent.

Supreme Court, Oneida County.

October 15, 1982

Attorney(s) appearing for the Case

Bernard F. Ashe and Ivor R. Moskowitz for petitioner. Hancock, Estabrook, Ryan, Shove & Hust (James P. Burns, III, of counsel), for respondent.

THOMAS ALOI, J.

Petitioner, Dain F. Faville, moves for a judgment pursuant to CPLR article 78, declaring that the respondent board of education unlawfully withheld his back salary and benefits during the time that he had appeared at his own tenure hearing.

Mr. Faville is a tenured elementary school teacher in the Poland School District. On June 12, 1981, the respondent school board found probable cause to bring charges against Mr. Faville relating...

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