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Smerald v. Belanger

37 N.Y.2d 800 Court N.Y. Decision date 1975-09-12 English

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p. 800
In the Matter of Arthur M. Smerald, Appellant, v Maureen Belanger et al., Constituting the Board of Education of Union Free School District No. 12, Respondents.
Submitted September 2, 1975;
decided September 12, 1975

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz: Whether petitioner was denied a fair hearing on the charge of repeated latenesses which resulted in his dismissal from his tenured teacher position ( 36 NY2d 875 ). The Court of Appeals considered this contention and held that petitioner’s constitutional rights were not violated.

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