New York Court of Appeals, 1975

Smerald v. Belanger

Smerald v. Belanger
New York Court of Appeals · Decided September 12, 1975
37 N.Y.2d 800; 337 N.E.2d 614; 375 N.Y.S.2d 110; 1975 N.Y. LEXIS 2170

Smerald v. Belanger

Opinion of the Court

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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