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BOJARCZUK v. MILLS

98 N.Y.2d 663 (2002)

774 N.E.2d 214

746 N.Y.S.2d 450

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.

Court of Appeals of the State of New York.

Decided June 11, 2002.

Attorney(s) appearing for the Case

Kevin H. Harren, Albany, and James R. Sandner for appellant.

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

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

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum.

As the Commissioner concedes, the Utica City School District abolished petitioner's probationary teaching position when Oneida-Herkimer-Madison Board of Cooperative Educational Services (BOCES) took over its Alternative Educational Program (see...

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