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  5. 67 N.Y.2d 975 (1986)
 

MATTER OF MARTIN v. AMBACH

67 N.Y.2d 975 (1986)

In the Matter of Andrew Martin, Respondent, v. Gordon M. Ambach, as Commissioner of Education of the State of New York, Appellant, and Community School Board No. 8 of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided May 6, 1986.

Attorney(s) appearing for the Case

Kenneth Pawson, James H. Whitney and Robert D. Stone for appellant.

Kevin H. Harren, Rocco A. Solimando and Bernard F. Ashe for Andrew Martin, respondent.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Fay Leoussis of counsel), for Community School Board No. 8 of the City of New York, respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

MEMORANDUM.

The order of the Appellate Division should be modified, by vacating its reinstatement of the hearing panel's original findings and recommendations as to charge number three and remitting the matter to the Commissioner for further proceedings in accordance with this memorandum and, as so modified, affirmed, with costs to petitioner Martin against the Commissioner.

Preponderance of the evidence, and not...

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