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MTR OF SANTER v. BOARD

No. 51, No. 52

23 N.Y.3d 251 (2014)

13 N.E.3d 1028

990 N.Y.S.2d 442

2014 NY Slip Op 3189

In the Matter of RICHARD SANTER, Respondent, v. BOARD OF EDUCATION OF EAST MEADOW UNION FREE SCHOOL DISTRICT, Appellant. In the Matter of BARBARA LUCIA, Respondent, v. BOARD OF EDUCATION OF EAST MEADOW UNION FREE SCHOOL DISTRICT, Appellant.

Court of Appeals of New York.

Decided May 6, 2014.

Attorney(s) appearing for the Case

Littler Mendelson, P.C., New York City ( George B. Pauta , Craig R. Benson and Ethan D. Balsam of counsel), for appellant in the first and second above-entitled proceedings.

Sherry B. Bokser , New York City, and Richard E. Casagrande , for respondent in the first above-entitled proceeding.

Sherry B. Bokser , New York City, and Richard E. Casagrande , for respondent in the second above-entitled proceeding.

Jay Worona , Latham, and Kimberly A. Fanniff for New York State School Boards Association, amicus curiae in the first above-entitled proceeding.

Judges GRAFFEO, READ and PIGOTT concur with Judge ABDUSSALAAM; Judge SMITH concurs in result in an opinion; Judge RIVERA dissents in an opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

ABDUS-SALAAM, J.

This appeal involves a teachers' union picketing demonstration that took place on a public street in front of Woodland Middle School (Woodland) in Nassau County. On the morning of March 2, 2007, petitioners-respondents Richard Santer and Barbara Lucia and other members of the East Meadow Teachers Association (EMTA) displayed picketing signs from their cars parked where parents were dropping their children off at school...

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