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GROSS v. BD. OF EDUC.

78 N.Y.2d 13 (1991)

In the Matter of Florence Gross, Appellant, v. Board of Education of the Elmsford Union Free School District, Respondent, and Alice Moffatt et al., Respondents.

Court of Appeals of the State of New York.

Decided June 4, 1991.

Attorney(s) appearing for the Case

Katherine A. Levine and James R. Sandner for appellant.

Arnold B. Green and Giacchino J. Russo for Board of Education of Elmsford Union Free School District, respondent.

Jay Worona and Joseph B. Porter for the New York State School Boards Association, Inc., amicus curiae.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE taking no part.

SIMONS, J.

Petitioner was hired by the Elmsford Union Free School District as a remedial reading teacher in 1969 and received tenure in 1972. The school district abolished her position in 1977 and, after determining that she was the tenured teacher with the least seniority, discharged her in accordance with section 2510 (2) of the Education Law. Petitioner instituted this CPLR article 78 proceeding seeking reinstatement...

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