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MATTER OF MARTIN, JR. v. SCH. BD. OF UNION FREE DIST. NO. 28

276 A.D. 763 (1949)

In the Matter of John E. Martin, Jr., Individually and as Guardian ad Litem of Joan E. Martin, an Infant, Appellant, v. School Board of Union Free District No. 28, Long Beach, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 1949.

Motion for leave to appeal to the Court of Appeals granted. In this case questions of law have arisen which in our opinion ought to be reviewed by the Court of Appeals. Leave is hereby granted pursuant to subdivision 1 and clause (a) of subdivision 3 of section 589 of the Civil Practice Act. As the order of the Special Term is one which finally determines a special proceeding (cf. Matter of Fabricant v. City of New York, 298 N.Y. 623), there is no need to certify the...

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