Hodgkins v. Board of Education — 41 N.Y. 962

Majority

p. 962

In the Matter of Elmer Hodgkins, Respondent, v Board of Education of Central School District No. 1 of Towns of Conklin, Binghamton, Kirkwood and Vestal, Appellant.

Argued February 14, 1977;

decided March 31, 1977

Frank C. Shaw for appellant.

Richard C. Heffern and Bernard F. Ashe for respondent.

p. 963

Order reversed, with costs, and the determination of appellant board of education reinstated (see Matter of Bott v Board of Educ., 41 NY2d 265 ).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.