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MATTER OF ADLER v. WILSON

282 A.D. 418 (1953)

In the Matter of Irving Adler et al., Appellants, v. Lewis A. Wilson, 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.

July 2, 1953.

Attorney(s) appearing for the Case

Harold I. Cammer for appellants.

Charles A. Brind, Jr., and John P. Jehu for Lewis A. Wilson, as Commissioner of Education, respondent.

Denis M. Hurley, Corporation Counsel (Daniel T. Scannell, Michael A. Castaldi, Seymour B. Quel and Helen R. Cassidy of counsel), for Board of Education of the City of New York and another, respondents.

FOSTER, P. J., BERGAN, COON and HALPERN, JJ., concur.

IMRIE, J.

Petitioners, teachers in New York City schools, have been suspended for refusal to answer questions as to membership in the Communist party. They appealed individually under section 310 of the Education Law to the Commissioner of Education (herein referred to as the Commissioner), who dismissed the appeals. They then instituted this proceeding in Albany County...

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