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CUTCHER v. NYQUIST

43 A.D.2d 58 (1973)

Abraham Cutcher, Appellant, v. Ewald B. Nyquist, as Commissioner of Education, et al., Respondents

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

November 29, 1973.

Attorney(s) appearing for the Case

Saperston, Wiltse, Day & Wilson (Warren S. Radler and Thomas F. Segalla of counsel), for appellant.

Robert D. Stone (James H. Whitney, Lawrence W. Reich and John P. Jehu of counsel), for Ewald B. Nyquist, respondent.

James E. Rooney and Cosgrove & O'Connor (Edward C. Cosgrove of counsel), for North Tonawanda Board of Education, respondent.

HERLIHY, P. J., COOKE, MAIN and REYNOLDS, JJ., concur.

GREENBLOTT, J.

This is an appeal from a judgment of the Supreme Court at Trial Term, entered March 5, 1973 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to annul and set aside the determination of the respondent Commissioner of Education.

Upon a prior appeal in this case (Matter of Cutcher v. Nyquist, 39 A.D.2d 810), we remanded the matter for...

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