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MATTER OF GALLAGHER v. BOARD OF EDUCATION FOR BUFFALO CITY SCHOOL DISTRICT

CA 10-01291.

81 A.D.3d 1408 (2011)

917 N.Y.S.2d 473

In the Matter of JAMES F. GALLAGHER, as President of Professional, Clerical, Technical Employees Association, on Behalf of Himself and all Members of Professional, Clerical, Technical Employees Association, et al., Respondents, v. BOARD OF EDUCATION FOR BUFFALO CITY SCHOOL DISTRICT et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 18, 2011.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding alleging, inter alia, that respondents acted in bad faith in abolishing the positions of Director of Emergency Planning for the Buffalo City School District and Stenographic Secretary to the Superintendent and in replacing them with nearly identical civil-service exempt confidential positions and seeking to...

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