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McMANUS v. BD. OF EDUC.

87 N.Y.2d 183 (1995)

661 N.E.2d 984

638 N.Y.S.2d 411

In the Matter of Joan McManus, Appellant, v. Board of Education of the Hempstead Union Free School District et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 1995.

Attorney(s) appearing for the Case

Robert Saperstein, Melville, for appellant.

Berkman, Henoch, Peterson & Peddy, P. C., Garden City (Michele Gapinski of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

In this CPLR article 78 proceeding petitioner seeks to annul a resolution of respondent which terminated her employment as Hempstead Middle School Principal and to be restored to that position. She claims that she could not be terminated summarily because she acquired tenure by estoppel when the Board permitted her to serve as Principal for more than three years, one year as "Acting" Principal and...

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