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BD. OF EDUC. v. LEVITT

42 A.D.2d 372 (1973)

Board of Education of North Colonie Schools, Newtonville, Respondent, v. Arthur Levitt, as Comptroller of The State of New York, Appellant

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

October 25, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly and Ruth Kessler Toch of counsel), for appellant.

Schrade, Morris & Roche (Jed B. Wolkenbreit of counsel), for respondent.

STALEY, JR., J. P., GREENBLOTT, SWEENEY and KANE, JJ., concur.

COOKE, J.

This is an appeal, by permission, from an order of the Supreme Court at Special Term, entered March 26, 1973 in Albany County, which denied appellant's motion to dismiss, ordered that the action commenced by respondent be deemed a proceeding pursuant to article 78 of the CPLR, and ordered the matter set down for trial.

The instant controversy arises out of the legislative enactment of chapter...

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