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PORDUM v. BOARD OF REGENTS OF STATE OF NEW YORK

No. 73-CV-98.

357 F.Supp. 222 (1973)

Frederick F. PORDUM, Plaintiff, v. BOARD OF REGENTS OF the STATE OF NEW YORK et al., Defendants.

United States District Court, N. D. New York.

April 26, 1973.

Attorney(s) appearing for the Case

Bernard F. Ashe, James R. Sandner, Albany, N.Y., for plaintiff.

Louis J. Lefkowitz, Atty. Gen. of N. Y., Albany, N.Y., for defendants, Bd. of Regents of the State of N. Y. and Ewald B. Nyquist, Commissioner; Lawrence L. Doolittle, Asst. Atty. Gen., of counsel.

Peter A. Vinolus, Lackawanna, N. Y., for defendant, Lackawanna City School Dist.

MEMORANDUM-DECISION and ORDER

JAMES T. FOLEY, Chief Judge.

The plaintiff brings this action pursuant to 42 U.S.C. § 1983 and alleges he is being deprived of his First and Fourteenth Amendment rights through the implementation of Section 305(7) of the Education Law by the Commissioner of Education of New York State. Section 305(7) of the Education Law, McKinney's Consol. Laws, c. 16, gives the Commissioner the power to annul the certificate of qualification...

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