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BUENZOW v. LEWISTON-PORTER CENT.

101 A.D.2d 30 (1984)

In the Matter of Marsha A. Buenzow et al., Respondents, v. Lewiston-Porter Central School District, Appellant, and Board of Cooperative Educational Services, Orleans and Niagara Counties, Respondents

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

April 12, 1984

Attorney(s) appearing for the Case

Allen & O'Brien (Daniel R. Mooney of counsel), for appellant.

Frank T. Ralabate for respondents.

CALLAHAN and MOULE, JJ., concur with HANCOCK, JR., J. P.; DOERR and GREEN, JJ., dissent and vote to affirm the judgment in an opinion by DOERR, J.

HANCOCK, JR., J. P.

This appeal concerns the rights of BOCES teachers under section 3014-b of the Education Law when a component district has taken over a program formerly operated by BOCES but the takeover of the program has not resulted in an excess of teachers requiring BOCES to abolish any positions. Petitioners are tenured special education teachers employed by BOCES. For several years they have been assigned...

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