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KINSELLA v. BOARD OF ED. OF CENT. SCH. DIST. NO. 7, ETC.

Civ. No. 1973-187.

402 F.Supp. 1155 (1975)

Donald M. KINSELLA, Plaintiff, v. BOARD OF EDUCATION OF CENTRAL SCHOOL DISTRICT NO. 7 OF the TOWNS OF AMHERST AND TONAWANDA, ERIE COUNTY and Ewald B. Nyquist, Commissioner of Education of the State of New York, Defendants.

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

October 21, 1975.

Attorney(s) appearing for the Case

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

Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y. (James S. McAskill, Buffalo, N. Y., of counsel), Thomas L. David, Buffalo, N. Y., for defendant Central School District No. 7.

Louis J. Lefkowitz, Atty. Gen., of the State of New York (Douglas S. Cream, Asst. Atty. Gen., of counsel), for defendant Nyquist.

CURTIN, Chief Judge.

Plaintiff Donald M. Kinsella, a tenured school teacher employed by defendant school district, originally brought suit to declare § 3020-a of the New York Education Law unconstitutional. That section outlines the procedures to be followed in a dismissal hearing. In a decision dated February 19, 1974, a three-judge district court held § 3020-a unconstitutional because it did not require the decision of the Board of Education to be based...

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