Order reversed, without costs; motion to dismiss the amended complaint granted; and amended complaint dismissed, with leave to serve a second amended complaint within 30 days after entry of the order hereon, if the plaintiff be so advised.
In our opinion the power of the Board of Education, pursuant to section 2507 of the Education Law, to appoint a Superintendent of Schools for a term not to exceed five years, does not empower the board to enter into a written contract...
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