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BD OF EDUC v. AMBACH

97 A.D.2d 188 (1983)

In the Matter of Board of Education of the Clarkstown Central School District, Respondent-Appellant, v. Gordon M. Ambach, as Commissioner of Education, et al., Appellants-Respondents

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

December 8, 1983

Attorney(s) appearing for the Case

Robert D. Stone (James H. Whitney of counsel), for Gordon M. Ambach, appellant-respondent.

James R. Sandner (James J. Brady of counsel), for New York State United Teachers, appellant-respondent.

Lexow & Jenkins, P. C. (Warren E. Berbit and Ira M. Emanuel of counsel), for respondent-appellant.

MAHONEY, P. J., MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

CASEY, J.

When certain teachers employed by petitioner school district engaged in an eight-day illegal strike during the month of October, 1980, the district computed their per diem strike penalties at a rate of 1/183 for each day of unauthorized absence, based on the actual 183 school days in the 1980-1981 school year. The result thus calculated was doubled and imposed as a penalty, pursuant to section 210...

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