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BD. OF EDUC., OYSTER BAY v. NYQUIST

36 A.D.2d 199 (1971)

In the Matter of The Board of Education of Central School District No. 2, Town of Oyster Bay, Appellant, v. Ewald B. Nyquist, as Commissioner of Education of The State of New York, Respondent, and Cora C. Cullen, Intervenor-Respondent

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

April 5, 1971.

Attorney(s) appearing for the Case

George C. Pratt for appellant.

Lawrence W. Reich and Robert D. Stone for respondent.

Sneeringer & Rowley (Richard R. Rowley of counsel), for intervenor-respondent.

REYNOLDS, STALEY, JR., SWEENEY and SIMONS, JJ., concur.

HERLIHY, P. J.

This is an appeal by the Board of Education from a judgment of the Supreme Court at Special Term in Albany County, entered October 10, 1969, which dismissed its petition upon a motion by the respondent for such relief upon the ground that the petition did not state facts sufficient to constitute a cause of action. The petition seeks review of a determination by the respondent pursuant to article...

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