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MTR. OF SANDOR v. NYQUIST

45 A.D.2d 122 (1974)

In the Matter of Ernest F. Sandor, Appellant, v. Ewald B. Nyquist, as Commissioner of Education of The State of New York, et al., Respondents

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

June 20, 1974.

Attorney(s) appearing for the Case

Fudeman & Renaldo (Emanuel Tabachnick of counsel), for appellant.

Robert D. Stone (Alan Gebell of counsel), for Ewald B. Nyquist, respondent.

Emmett McGarvey (Joseph L. Watson of counsel), for Board of Education, respondent.

HERLIHY, P. J., GREENBLOTT, KANE and REYNOLDS, JJ., concur.

COOKE, J.

This appeal presents the issue of whether a Board of Education which dismissed petitioner, following a hearing on charges of inefficiency and neglect of duty, is an indispensable party to a proceeding seeking review of the decision of the Commissioner of Education sustaining the dismissal so as to render jurisdictionally defective the failure to properly serve it within the four-month Statute of Limitations...

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