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CENT. SCH. DIST. NO. 1 v. NYQUIST

63 Misc.2d 935 (1970)

In the Matter of Central School District No. 1 of the Towns of West Seneca and Orchard Park, Erie County, Petitioner, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

August 19, 1970

Attorney(s) appearing for the Case

William J. Daetsch, Jr., for petitioner. Robert D. Stone and Kenneth J. Toomey for respondent. Sneeringer & Rowley (James R. Sandner of counsel), for intervenors-respondents.

HAROLD E. KOREMAN, J.

In this article 78 proceeding petitioner seeks to annul a determination made by respondent relating to salaries for summer school teachers. Respondent has moved pursuant to CPLR 7804 (subd. [f]) for dismissal of the petition for failure to state facts sufficient to constitute a cause of action. The 11 teachers involved have been permitted to intervene and urge the same ground for dismissal...

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