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  5. 60 N.Y.2d 752 (1983)
 

MATTER OF MINTZER v. BD. OF EDUC. OF THE CITY SCH. DIST. OF THE CITY OF NEW YORK

60 N.Y.2d 752 (1983)

In the Matter of Arthur Mintzer, Respondent, v. Board of Education of the City School District of the City of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided October 20, 1983.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Edward F. X. Hart and Ronald E. Sternberg of counsel), for appellants.

Nicholas F. Lewis and Thomas T. Kilhenny for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed.

After taking a competitive examination and being placed on an eligible list, Bangel was appointed as a teacher of automotive mechanics pursuant to subdivision 2 of section 2573 of the Education Law on October 17, 1974. Inasmuch as he had earlier retired as an employee of the New York City Sanitation Department...

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