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MATTER OF FILA v. NYQUIST

63 Misc.2d 713 (1970)

In the Matter of Victor Fila, Petitioner, v. Ewald Nyquist, as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

July 24, 1970

Attorney(s) appearing for the Case

Sneeringer & Rowley (Jeffrey G. Plant of counsel), for petitioner. Robert D. Stone, John P. Jehu, Joseph F. Gibbons and Lawrence W. Reich for Ewald B. Nyquist, respondent. John E. Glenn for Board of Cooperative Educational Services, respondent.

A. FRANKLIN MAHONEY, J.

This article 78 proceeding seeks to annul a decision of the Commissioner of Education which denied tenure to petitioner. The Board of Cooperative Educational Services (BOCES) was also named a party respondent. In the court's view, BOCES was incorrectly made a party, but, upon request, was permitted to file a memorandum of law in support of the cross motion of the Department of Education to dismiss the petition.

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