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MATTER OF BOJARCZUK v. MILLS

287 A.D.2d 82 (2001)

733 N.Y.S.2d 821

In the Matter of JOSEPH T. BOJARCZUK, Appellant, v. RICHARD P. MILLS, as Commissioner of Education of the State of New York, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 13, 2001.

Attorney(s) appearing for the Case

James R. Sandner, Albany (Kevin H. Harren of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Kathleen M. Treasure of counsel), for Richard P. Mills, respondent.

Donald R. Gerace, Utica, for Board of Education of the Utica City School District and others, respondents.

CREW III, J. P., SPAIN, MUGGLIN and LAHTINEN, JJ., concur.

OPINION OF THE COURT

PETERS, J.

Petitioner, a mathematics teacher provisionally certified to teach students in grades 7 through 12, was hired by respondent Board of Education of the Utica City School District (hereinafter the Board) in March 1995 on a probationary basis. Recalled as a mathematics teacher in its alternative education program, petitioner taught for the entire 1995-1996 school year and, by agreement dated January 11, 1996, his probationary...

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