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MATTER OF SHEAROD v. BD. OF COOP. EDUC. SERVS. OF NASSAU COUNTY

109 A.D.2d 743 (1985)

In the Matter of James Shearod, Individually and on Behalf of Himself and Other Special Education Teachers Similarly Situated, et al., Respondents, v. Board of Cooperative Educational Services of Nassau County et al., Appellants

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

March 4, 1985

Judgment reversed, on the law and the facts, with costs, and petition dismissed on the merits.

Contrary to Special Term's determination, we find that the duties of the newly created position of vocational rehabilitation counselor are not "similar" to the duties performed by work experience counselors within the meaning of Education Law § 2510 (3). The crucial difference between the two positions is "`the responsibility...

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