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MTR. OF DODGE v. BD. OF EDUC.

167 Misc.2d 186 (1996)

638 N.Y.S.2d 288

In the Matter of Constance Dodge et al., Petitioners, v. Board of Education for the Schodack Central School District et al., Respondents.

Supreme Court, Albany County.

February 8, 1996

Attorney(s) appearing for the Case

James R. Sandner, Albany, for petitioners. Whiteman, Osterman & Hanna, Albany (Melvin H. Osterman and Beth A. Bourassa of counsel), for Board of Education for the Schodack Central School District, respondent. Dennis C. Vacco, Attorney-General, Albany (Keith Kammerer of counsel), for New York State Teachers Retirement System and another, respondents. Jay Worona, Albany, for New York State School Boards Association, Inc., amicus curiae.

HAROLD J. HUGHES, J.

Petitioners seek a determination that they are entitled to participate in the early retirement program established by chapter 12 of the Laws of 1995.

Both petitioners were teachers employed by the Schodack Central School District. By letter dated June 28, 1994, petitioner Lashway advised the District of his intention to retire at the end of the 1994-1995 school year. The Board of...

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