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  5. 64 N.Y.2d 90 (1984)
 

MTR. ADLERSTEIN v. BD. OF EDUC.

64 N.Y.2d 90 (1984)

In the Matter of of Isidore Adlerstein, Appellant, v. Board of Education of the City of New York, Respondent. In the Matter of Jac Radoff, Appellant, v. Board of Education of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 18, 1984.

Attorney(s) appearing for the Case

Ronald J. Koerner for appellant in the first above-entitled matter.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Lawrence E. Becker, Richard I. Ellis and Joyce A. Brauer of counsel), for respondent in the first above-entitled matter.

Marjorie Mazen Smith and Kenneth E. Warner for appellant in the second above-entitled matter.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Lawrence E. Becker, Francis F. Caputo, Diane J. Morgenroth and Leslie C. Kamelhar of counsel), for respondent in the second above-entitled matter.

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

MEYER, J.

The refusal by a tenured teacher to accept assignment in his or her tenure area but in a different school than that in which previously employed, or during suspension from duty pending a disciplinary hearing to perform the duties of the staff position to which he or she is assigned, constituted insubordination warranting dismissal. In Adlerstein there should, therefore, be an affirmance, with...

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