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MATTER OF BARON v. MACKRETH

30 A.D.2d 810 (1968)

In the Matter of Leonard Baron, Appellant, v. Robert Mackreth et al., as Trustees of The Board of Education of Union Free School District No. 18 (Plainedge), Town of Oyster Bay, et al., Respondents

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

July 1, 1968

Judgment reversed, on the law and the facts, without costs, and petition granted. Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein.

In our opinion, the record does not specifically indicate when, if ever, respondents refused to comply with petitioner's request for reinstatement and, therefore, the proceeding is not untimely (CPLR 217; Matter of O'Buck v. City of Yonkers, 2 A.D.2d 775

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