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  5. 64 N.Y.2d 1036 (1985)
 

TEN HOEVE v. BD. OF EDUC. OF DUNDEE CENT. SCH. DIST.

64 N.Y.2d 1036 (1985)

Abraham Ten Hoeve, Respondent v. Board of Education of Dundee Central School District et al., Appellants.

Court of Appeals of the State of New York.

Decided April 4, 1985.

Attorney(s) appearing for the Case

Mae A. D'Agostino for Board of Education of Dundee Central School District, appellant.

Victor M. DeBonis and Robert D. Stone for Gordon M. Ambach, as Commissioner of Education of the State of New York, appellant.

Pauline R. Kinsella for respondent.

Robert J. Rader and Henry F. Sobota for New York State School Boards Association, amicus curiae.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

MEMORANDUM.

The order of the Appellate Division is reversed, with costs, plaintiff's motion for summary judgment denied, and the matter remitted to Supreme Court, Albany County, to determine whether age is a bona fide occupational qualification for school bus drivers and plaintiff's entitlement to back pay and other benefits, if any, which may have resulted from his involuntary...

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