Opinion
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 N.Y.2d 875). The Court of Appeals considered this contention and held that petitioner's constitutional rights were not violated.