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WINTER v. BD. OF EDUC.

79 N.Y.2d 1 (1992)

In the Matter of David Winter, Appellant, v. Board of Education for the Rhinebeck Central School District et al., Respondents.

Court of Appeals of the State of New York.

Decided January 14, 1992.

Attorney(s) appearing for the Case

Ira Paul Rubtchinsky, Bernard F. Ashe and Rocco A. Solimando for appellant.

David S. Shaw and Julie R. Seitz for respondents.

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

Chief Judge WACHTLER and Judges KAYE and HANCOCK, JR., concur with Judge ALEXANDER; Judge SIMONS dissents and votes to affirm in a separate opinion in which Judges TITONE and BELLACOSA concur.

ALEXANDER, J.

On this appeal we are presented with the question left open by our decision in Matter of Smith v Board of Educ. and Matter of Cutler v Board of Educ. (65 N.Y.2d 797). In that case, based on explicit statutory authorization in the Education Law, we concluded that the appellants, both of whom were tenured, but who had not obtained permanent certification...

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