MATTER OF BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 1 OF THE TOWN OF NORTH HEMPSTEAD


2 A.D.2d 895 (1956)

In the Matter of Board of Education of Union Free School District No. 1 of the Town of North Hempstead, Respondent, Relative to Acquiring Title to Certain Real Properties as a Site for a Schoolhouse. Howard Phipps, Appellant

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

November 19, 1956


Appeal dismissed, with $10 costs and disbursements. The order appealed from is not a final decree and therefore is not appealable. (Nassau County Administrative Code, § 11-57.0; cf. Matter of Board of Transp. of N. Y., 272 N.Y. 52; Matter of County of Nassau [Renn], 281 App. Div. 1032.)

We have, however, considered the merits and if the appeal were not being dismissed the order would be affirmed. In our opinion it was not fatal to the proceeding...

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