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MATTER OF NASH v. BD. OF EDUC.

75 Misc.2d 375 (1973)

In the Matter of James R. Nash, Petitioner, v. Board of Education of the City School District of the City of Poughkeepsie et al., Respondents.

Supreme Court, Dutchess County.

May 23, 1973

Attorney(s) appearing for the Case

Eugene M. Kaufman for petitioner. Joseph D. Quinn, Jr., for respondent.

JOHN P. DONOHOE, J.

This motion for a judgment, pursuant to CPLR 7804 (subd. [f]), dismissing the petition herein and this proceeding, upon the ground that the maintenance of this proceeding and the granting of the relief sought herein is barred by the provisions of CPLR 7801 (subd. 1), since adequate alternative relief is available to petitioner by way of an appeal to the Commissioner of Education pursuant...

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