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MATTER OF BD. OF EDUC. ELLICOTTVILLE, ETC., v. ALLEN

283 A.D. 376 (1954)

In the Matter of The Board of Education of Central School District No. 1, Towns of Ellicottville, Great Valley, Humphrey, Franklinville, Mansfield and East Otto, Cattaraugus County, Appellant, v. James E. Allen, Jr., as Acting Commissioner of Education, Respondent

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

February 26, 1954.

Attorney(s) appearing for the Case

John W. Ellis for appellant.

John P. Jehu and Charles A. Brind, Jr., for respondent.

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

Per Curiam.

Appeal from an order of the Supreme Court which dismissed a proceeding under article 78 of the Civil Practice Act to review a determination of the Acting Commissioner of Education.

A teacher was appointed by the appellant Board of Education to serve for a probationary period of three years. After she had served two years the board determined to discharge her without the recommendation of the district...

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