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MATTER OF TAYLOR v. BERBERIAN

61 N.Y.2d 613 (1983)

In the Matter of Rebecca Taylor et al., Appellants, v. Jack Berberian, Individually and as Superintendent of Community School Board District 3, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 13, 1983.

Attorney(s) appearing for the Case

Eugene G. Eisner and Fanette Pollack for appellants.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Edward F. X. Hart and Leonard Koerner of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In cities having a population of 400,000 or more, the discretion to grant tenure to a principal upon completion of his or her probationary period lies exclusively in the superintendent of schools (see Matter of Caraballo v Community School Bd. Dist. 3, 49 N.Y.2d 488; Education Law, § 2573...

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