Blum v. Board of Education — 39 N.Y.2d 984

Majority

p. 984

In the Matter of Martin Blum et al., Appellants, v Board of Education of the City School District of the City of New York, Respondent.

Argued June 9, 1976;

decided July 6, 1976

p. 985

Jerome Tauber and I. Philip Sipser for appellants.

W. Bernard Richland, Corporation Counsel (Diane R. Eisner, L. Kevin Sheridan and Joseph F. Bruno of counsel), for respondent.

Robert D. Stone and Lawrence W. Reich for Ewald B. Nyquist, Commissioner of Education of the State of New York, amicus curiae.

Danny Ezra Greenblatt, amicus curiae.

Memorandum. The order of the Appellate Division should be affirmed, on so much of the memorandum thereat-as states that the Board of Education acted properly in terminating the employment of these petitioners. With respect to the concluding two sentences of that memorandum it should be noted that, in a decision rendered simultaneously with this, we have reversed the Appellate Division’s order in Steele v Board of Educ. ( 52 AD2d 598 ). (See 40 NY2d 456 .)

For the reasons stated in my opinion in Steele v Board of Educ. ( 40 NY2d 456 , decided herewith), the order of the Appellate Division should be reversed, the petition sustained, and the matter remitted so that an order requiring the reformulation of seniority lists could be entered below.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Cooke concur; Judge Fuchsberg dissents and votes to reverse in a separate memorandum.

Dissent

p. 986

Order affirmed, without costs, in a memorandum.

Cases cited

Steele v. Board of Education 40 NY2d 456 N.Y. 1976-07-06 p. 985