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MTR. GOULD v. BD. OF EDUC.

81 N.Y.2d 446 (1993)

In the Matter of Susan Gould, Appellant, v. Board of Education of the Sewanhaka Central High School District et al., Respondents.

Court of Appeals of the State of New York.

Decided June 10, 1993.

Attorney(s) appearing for the Case

Janet Axelrod, Albany, and Robert D. Clearfield for appellant.

Douglas E. Libby, Elmont, for respondents.

James R. Sandner, New York City, and Richard A. Shane for New York State United Teachers, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA and SMITH concur.

HANCOCK, JR., J.

The issues are whether petitioner, a tenured elementary school teacher, acquired tenure by estoppel as a special education high school teacher and, if so, whether her resignation submitted to respondents under the parties' mistaken belief that she had not yet acquired tenure precludes her from regaining her teaching position. We conclude that petitioner acquired tenure by estoppel and that her...

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